Penalties/Registration

Name: People v. Pinedo
Case #: F078442
Opinion Date: 07/15/2021
  • Categories: Legislation, Penalties/Registration, Retroactivity/Abatement, Sentencing

Summary

Although registration is not a criminal punishment, the repeal of the drug offender registration requirement (Assembly Bill No. 1261) is retroactive to all nonfinal cases pursuant to In re Estrada (1965) 63 Cal.2d 740, because registration burdens a defendant as…

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Name: People v. Smith
Case #: H042287
Opinion Date: 02/17/2017
  • Categories: Penalties/Registration, Probation, Probation / Parole / PRCS, Sentencing

Summary

Narcotics offender registration requirement under Health and Safety Code section 11590 applies to both attempts and completed crimes. Defendant pleaded no contest to attempted possession of a controlled substance for sale (Pen. Code, § 664, Health & Safety Code, §…

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Name: San Nicholas v. Harris
Case #: D069769
Opinion Date: 12/28/2016
  • Categories: Foreign Priors, Penalties/Registration, Sentencing

Summary

Defendant's Washington state conviction for communicating with a minor for immoral purposes requires him to register as a sex offender in California. Defendant pleaded guilty in Washington to communicating with a minor for immoral purposes (RCW 9.68A.090), causing the California…

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Name: Ruelas v. Superior Court
Case #: H039848
Opinion Date: 03/20/2015
  • Categories: Areas Constitutional Law, CYA Commitment, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities), Equal Protection, Extraordinary Remedies, Mandamus, Penalties/Registration, Sentencing

Summary

Juvenile's equal protection challenge to his mandatory sex offender registration for a violation of Penal Code section 647.6 fails. In 1994, at age 14, Ruleas admitted committing misdemeanor annoying or molesting a child (Pen. Code, § 647.6) and was adjudged…

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Name: Johnson v. Dept. of Justice
Case #: S209167
Opinion Date: 01/29/2014
  • Categories: Areas Constitutional Law, Equal Protection, Penalties/Registration, Sentencing

Summary

People v. Hofsheier (2006) 37 Cal.4th 1185, is overruled because there is a rational basis to mandate different sex offender registration requirements for unlawful sexual intercourse offenders and unlawful oral copulation offenders. Johnson pled guilty to one count of unlawful…

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Name: Doe v. Harris
Case #: 13-15267
Opinion Date: 11/18/2014
  • Categories: Areas Constitutional Law, Freedom of Speech, Penalties/Registration, Sentencing

Summary

District Court did not abuse its discretion by granting a preliminary injunction against the Californians Against Sexual Exploitation (CASE) Act because the Act likely violates sex offenders' First Amendment rights. In 2012, voters passed the CASE Act, which requires registered…

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