California Court of Appeal

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P. v. Hernandez, B203151

In conviction for oral copulation with a person under the age of 16, denial of criminal defendant's motion to terminate the mandatory, lifetime requirement that he register as a sex offender is reversed and remanded where: 1) this appeal is cognizable without a certificate of probable cause; and 2) the mandatory sex offender statute is unconstitutional as applied to section 288a, subdivision (b)(2).

Appellate Information

  • Decided 09/02/2008
  • Published 09/02/2008

Judges

  • BOREN, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Tara K. Allen, Malibu, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent.
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