Trial court's finding that defendant was subject to mandatory registration as a sex offender under Penal Code section 290 based on a sodomy conviction is reversed and remanded as an order imposing mandatory sex offender registration on defendant due to his conviction for a mutually voluntary act of sodomy with a 17-year-old minor violates his right to equal protection, as guaranteed by the federal and California Constitutions.
Filed September 29, 2009
Opinion by Judge Margulies
For Appellant: Jeffrey S. Kross, under appointment by the Court of Appeal
For Appelle: Edmund G. Brown, Jr., Attorney General, Gerald A. Engler, Assistant Attorney General, Martin S. Kaye and Christopher W. Grove, Deputy Attorneys General