CALIFORNIA CRIMINAL DEFENSE: DISCRETIONARY FINDING RESULTING IN SEX OFFENDER REGISTRATION MUST BE
DISCRETIONARY FINDING RESULTING IN SEX OFFENDER REGISTRATION MUST BE
MADE BY A JURY
We actually FINALLY win an Apprendi (530 U.S. 466) issue. The jury acquitted this defendant of the only sexual offense charged against him. But the court made a finding that on the offenses where the defendant was convicted, he committed them for purposes of sexual gratification, permitting the discretionary order of sex registration under PC 290.
Apprendi says that any fact that increases the "penalty" for a crime must be found by a jury or admitted by the defendant. Does a finding that offenses were committed for sexual gratification, resulting in the Jessica's Law residency restriction, increase the penalty for the crime?
This Court of Appeal says yes. They do an extensive analysis about why the Jessica's Law
residency requirement is punitive and conclude that the necessary finding can't just be made by the judge.
Great case, which I suspect the Supremes won't let stand.
People v. Mosley; 2008 DJ DAR 17178; DJ, 11/21/08; C/A 4th
San Diego Criminal Defense, California Criminal Defense, California Sex registration
