People v. Vaden CA5

INTRODUCTION

Edward Vaden (appellant), a lifetime sex offender registrant pursuant to Penal Code1 section 290, was placed on formal probation after pleading no contest to failure to file a change of address (§ 290.013, subd. (a)) and failure to register after address change (§ 290, subd. (b)). As conditions of probation, the trial court ordered appellant to “obey all laws,” and to “register with local law enforcement pursuant to Penal Code section 290.” On appeal, appellant claims the imposition of the registration condition was unauthorized, because his current offenses do not trigger section 290 registration. He also contends the registration condition constitutes compelled expression in violation of the First Amendment. We conclude the probation condition was a valid exercise of the trial court’s authority to prohibit criminal conduct, and that appellant lacks standing to raise the constitutional claim. We affirm.

BACKGROUND

Appellant was convicted of assault with intent to commit rape (§ 220) in 1997. This conviction requires appellant to register as a sex offender for life. (§ 290, subds. (c)(1), (d)(3)(C)(3).) In 2023, the Fresno County District Attorney’s Office filed a…