People v. VelascoHernandez CA4/3

DISCUSSION

Defendant raises a single issue on appeal: Whether the trial court erred by ordering lifetime registration as a sex offender. This court reviews the trial court’s order that a defendant register as a sex offender under section 290(d)(3)(C)(xi) for abuse of discretion. (People v. Smyth (2024) 99 Cal.App.5th 22, 27; People v. Thai (2023) 90 Cal.App.5th 427, 433.) To the extent we interpret section 290 or other statutes as part of our analysis, our review is de novo. (People v. Smyth, at p. 27.) Under section 290(d)(3)(C)(xi), lifetime registration as a sex offender is required if a defendant is convicted of violating section 288.3(a), “unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289.” (§ 290(d)(3)(C)(xi).) In this case, defendant was convicted of violating section 288.3(a), with the intent to commit a violation of section 288.3 This crime is not included as an exemption from registration under section 290(d)(3)(C)(xi),

The jury was instructed with CALCRIM Nos. 1124 and 1110. CALCRIM No. 1124 instructed the jury that the People were…