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.    

Read People v. Thompson, No. A123269

Appellate Information

Filed September 29, 2009

Judges

Opinion by Judge Margulies

Counsel

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

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