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Name: People v. Smyth (2024) 99 Cal.App.5th 22
Case #: C097934
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/24/2024

The trial court did not err in concluding that individuals who are not registered in California are ineligible for relief under Penal Code section 290.5. Defendant appealed from the trial court’s order denying his section 290.5 petition for termination from the California sex offender registry. Defendant is not registered as a sex offender in California but is currently registered in Oregon, where he resides. The petition was denied because the court found defendant is not currently registered as a sex offender in the county that he filed the petition in or in California more broadly. On appeal, defendant argued the…

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Name: People v. Franco (2024) 99 Cal.App.5th 184
Case #: B324852
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 01/25/2024

Trial court erred by denying defendant’s petition for removal from the sex offender registry on the ground that the underlying sex crime also constitutes a different, later-enacted sex crime that requires lifetime registration. In 1985, defendant pleaded no contest to two counts of committing lewd and lascivious acts with a minor (Pen. Code, § 288(a)) and was ordered to register as a sex offender for the rest of his life. After the Legislature amended the sex offender registration statutes to create a three-tier system for registration, defendant filed a petition to terminate his registration in 2021. At a contested hearing,…

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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…

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Name: People v. Thai (2023) 90 Cal.App.5th 427
Case #: G060963
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/11/2023

Trial court abused its discretion by denying petition for termination from the sex offender registry where the prosecution failed to establish that “community safety would be significantly enhanced” by requiring petitioner to continue to register. After 23 years on the sex offender registry with no new convictions, petitioner filed a petition for termination pursuant to Penal Code section 290.5. The trial court denied the petition and ordered that petitioner could not file a new petition for five years. He appealed. Held: Reversed. Effective July 1, 2021, Senate Bill No. 384 established procedures for a person to seek termination from the sex…

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