California Court of Appeal

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People v. Mosley, G038379

Following a jury acquittal of defendant of any sexual offense, and a guilty verdict only of misdemeanor assault, trial court's judgment is modified by striking the sex offender registration requirement as imposing the residency restriction through discretionary sex offender registration as part of the sentencing on the underlying offense increases the penalty for that offense beyond the statutory maximum. The facts supporting the imposition of the registration requirement must be found true by a jury beyond a reasonable doubt, which was not done so in this case.

Appellate Information

  • Decided 09/29/2010
  • Published 09/29/2010

Judges

  • IKOLA

Court

  • California Court of Appeal

Counsel

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