People v. Rodriguez CA5

DISCUSSION

Defendant contends the trial court abused its discretion when it imposed sex offender registration pursuant to section 290.006. He further argues defense counsel did not forfeit the claim, but alternatively argues that if we find the claim forfeited, defense counsel provided ineffective assistance. The People argue as a threshold issue that defense counsel forfeited the claim. They further argue that, regardless of forfeiture, the court’s order imposing sex offender registration was not an abuse of discretion. Last, they contend that because the order was not an abuse of discretion, defense counsel did not provide ineffective assistance of counsel. We agree with the People.

A factual basis for the plea was entered pursuant to People v. West, supra, 3 Cal.3d 595, indicating a basis could be found if the police reports were read. No police reports, however, were submitted or specifically identified in this case in association with defendant’s plea. Accordingly, here, the factual summary pertaining to the underlying charges is taken from forensic evaluations submitted by defendant.

3. A. Background Psychological Reports and Evaluations On August 22, 2023,…