Trial court order denying defendant's motion to terminate his obligation to register as a sex offender based on his conviction for oral copulation with a person under the age of 16 is reversed and remanded where subjecting defendant to the mandatory sex offender registration violated his equal protection rights, since the nature of the sexual act alone determined whether the defendant received mandatory sex offender registration or if the trial court had discretion.
APPEAL from a judgment of the Superior Court of Los Angeles County. David Wesley, Judge. Reversed and remanded with directions.
SECOND APPELLATE DISTRICT, DIVISION TWO
Filed August 11, 2009
Before DOI TODD, J., BOREN, P.J., CHAVEZ, J.
Opinion by DOI TODD, J.
For Plaintiff: Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon, James William Bilderback II, Janet Neeley and A. Scott Hayward, Deputy Attorneys General.
For Defendant: Dennis L. Cava, under appointment by the Court of Appeal.