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Name: D.M. v. Dept. of Justice
Case #: A131325
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 10/12/2012
Summary

Defendant who was convicted of oral copulation with a minor and formerly required to register as a sex offender is relieved of the registration requirement after obtaining a certificate of rehabilitation. In 1987 the court ordered defendant to register as a sex offender after he was convicted of oral copulation with a minor. (Pen. Code, § 288a, subd. (b)(1).) In 2002, he obtained a certificate of rehabilitation (Pen. Code, § 4852.13, subd. (a)) and sought relief from the registration requirement via petition for writ of mandate. The lower court exercised its discretion to order continued registration. He appealed. Held: Denial of writ reversed. Section 290.5, subdivision (a)(2)(N), denies automatic relief from the registration requirement to persons convicted of oral copulation with a minor under section 288a, subdivision (b)(1), while such relief is available to those convicted of sexual intercourse with a minor under section 261.5. This results in a denial of equal protection under the principles set forth in People v. Hofsheier (2006) 37 Cal.4th 1185. If the two classes at issue in Hofsheier are similarly situated with respect to ordering a defendant to register, the same applies with respect to obtaining relief from this requirement. Section 290.5, subdivision (a)(2)(N), denies equal protection of the law and is invalid. The court issued an order relieving defendant of the requirement to register.