People v. Pesch CA1/5

BACKGROUND

In March 2023, appellant was charged by information with committing a lewd and lascivious act in May 2020 upon then-15-year-old John Doe, when appellant was at least 10 years older than Doe. According to the preliminary hearing testimony, appellant admitted to law enforcement that he had touched Doe’s inner thigh while Doe was sleeping. In November 2023, appellant pled guilty in exchange for an agreement that the People would not oppose probation and would not file charges with respect to another victim who had come forward. The plea agreement provided that jail time would be left open to the court and that the plea would result in lifetime registration as a sex offender. In February 2024, the court imposed the low term of one year in prison, suspended execution of sentence, and placed appellant on two years’ probation. The court ordered appellant to serve 120 days in jail. The court denied appellant’s claim that the lifetime sex offender registration requirement pursuant to section 290, subdivision (d)(3)(C)(ix) violated equal protection because the registration requirement period was limited for people convicted of lewd and lascivious acts on a child under 14 years…