People v. Reilly CA6

I. BACKGROUND

Defendant is a Santa Clara County resident and is required to register as a sex offender as a result of his misdemeanor conviction in Shasta County for arranging to meet a minor for lewd purposes in violation of Penal Code section 288.4, subdivision (a)(1) (undesignated statutory references are to this Code). He filed a form petition to terminate the registration requirement after registering for more than 10 years. The Santa Clara County District Attorney opposed the petition, noting defendant is a tier three lifetime registrant by statute and not based on a risk-level assessment subject to possible termination after 20 years. (§290.5, subd. (b)(3).) The trial court summarily denied defendant’s petition on that basis, and this appeal timely followed. We deferred consideration of defendant’s request for judicial notice of his certified conviction records from Shasta County Superior Court for consideration with the merits of the appeal. Defendant argues the records support his claim that he is a tier one offender eligible for relief from registration. We grant the request for judicial notice of California court records. (Evid. Code, §§ 459, subd. (a), 452, subd.…