California Court of Appeal

Judgment in habeas corpus proceeding discharging defendant from the duty to register as a sex offender under Penal Code section 290, and removing his identity or any information regarding him from databases of sexual offenders, is reversed as the judgment was in excess of the trial court's authority in the absence of evidence defendant was in actual or constructive custody.

Appellate Information

• Decided 06/15/2007
• Published 06/15/2007

Judges

• SWAGER, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Senior Assistant Attorney General, Eric D. Share and Laurence K. Sullivan, Supervising Deputy Attorneys General, Amy Haddix, Deputy Attorney General, for Appellant the People.


• For Appellees:
  
• Lynn Searle, San Francisco, for Respondent David Mark Stier.