California Court of Appeal

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P. v. Mosley, G038379

Conviction for misdemeanor assault is affirmed and court order requiring defendant to register as a sex offender is stricken where: 1) because the residency restriction was punitive, its imposition by the court increased the penalty for a nonsexual offense beyond the prescribed statutory maximum based upon the jury verdict alone; and 2) the facts required to impose the residency restriction were not found beyond a reasonable doubt by a jury.

Appellate Information

  • Decided 11/19/2008
  • Published 11/19/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr., and Angela M. Borzachillo, Deputy Attorney General, for Plaintiff and Respondent., Allison H. Ting, Santa Monica, under appointment by the Court of Appeal, for Defendant and Appellant.
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