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Name: People v. Marchand
Case #: C037215
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/06/2002
Subsequent History: Rev. denied 8/14/02
Summary

Appellant was found guilty of stalking two young women. The trial court required him to register as a sex offender under Penal Code section 290(a)(2)(E), which states that the court may require registration if the offense was a result of a sexual compulsion. Section 290(a)(2)(E) does not require the predicate fact to be proved beyond a reasonable doubt. On appeal, appellant contended that the registration requirement violated his right to due process because under Apprendi, any fact which increases the penalty for a crime must be proved beyond a reasonable doubt. Here, the appellate court found no constitutional violation and affirmed. The issue was waived for appellant’s failure to raise it in the trial court. Further Apprendi does not apply because requiring sex offender registration is not punishment or penalty for purposes of due process.