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Name: People v. Manzoor (2023) 95 Cal.App.5th 548
Case #: A164739
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 09/13/2023

Reduction of defendant’s felony conviction for attempting to distribute harmful materials to a minor to a misdemeanor did not relieve him of his lifetime duty to register as a sex offender. In 2006, defendant pleaded guilty to a felony violation of Penal Code section 288.2, which required lifetime registration as a sex offender under former section 290. Years later, the trial court granted his petition to reduce the conviction to a misdemeanor under Penal Code section 17(b). After the Legislature amended section 290 to provide for a tiered system of registration time periods in 2021, defendant petitioned for relief from the lifetime registration requirements. He argued he is entitled to relief from the registration requirements because the reduction of his felony conviction to a misdemeanor places him in “tier one” under amended section 290, and he is therefore only subject to a 10-year registration requirement. After the petition was summarily denied, defendant appealed. Held: Affirmed. Section 290 provides that a defendant is a tier three offender subject to lifetime registration if the person was convicted of a felony violation of section 288.2, as defendant was here, notwithstanding the fact that this conviction was later reduced to a misdemeanor. Further, section 17(b), under which defendant’s felony conviction was reduced to a misdemeanor, expressly states that it does not “authorize[] a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.” The 2021 amendments to section 290 do not reflect a legislative intent to create an exception to this rule.