California Court of Appeal

Juvenile court's judgment sustaining allegations that defendant committed four lewd and lascivious acts with three children is remanded as, although controlling precedent establishes that neither sex offender registration, nor SVP civil commitment proceedings constitute punishment, because it was recently determined in People v. Mosely that the residency restrictions imposed by Jessica's Law are overwhelmingly punitive in effect for adult offenders, and because there is no reason to reach a different conclusion for juvenile offenders, the denial of the right to a jury trial in these circumstances violated due process and the requirement of equal protection, and therefore the residency restrictions must be enjoined as to defendant, absent a jury trial on remand.

Appellate Information

• Decided 12/16/2010
• Published 12/16/2010

Judges

• ARONSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Paul R. Ward, Edmund G. Brown, Jr.