Tate

Part I

The People appeal from an order granting probation, contending the trial court erred in refusing to require the defendant, Alfred Tate, Jr., to register as a sex offender pursuant to Penal Code section 290. We will direct that the order be modified to require the defendant to register.

Defendant was initially charged with a violation of section 288, subdivision (a) (lewd and lascivious acts upon a child under the age of 14 years). Enhancements based upon the child being under the age of 11 years, to wit, 7 years (§ 1203.066, subd. (a)(8)) and defendant occupying a position of special trust (§ 1203.066, subd. (a)(9)) were alleged. He pled not guilty. Later, defendant entered a plea of nolo contendere to a misdemeanor violation of section 647a (annoying or molesting a child under the age of 18 years). The court granted probation and ordered the defendant not be required to register under section 290.

Before filing a complaint a social worker interviewed the victim for over an hour. She related a course of sexual conduct lasting over a period of months wherein appellant placed his finger in her vagina, culminating in the event referred to herein. With regard to…