In Re Parks
Opinion
Opinion
Rickles, J.
On November 12,1963, Joseph Parks (petitioner) was convicted of forcible rape (Pen. Code, § 261, subd. 3). As a result of his conviction, petitioner was subject to the requirements of section 290, registration of sex offenders.
On May 1, 1984, the Riverside District Attorney filed a complaint in the Municipal Court, Corona Judicial District, Riverside County, alleging petitioner had failed to register pursuant to section 290, subdivision (f). Petitioner entered a plea of not guilty and on July 30, 1984, he filed a motion to dismiss, claiming the prosecution was barred by the statute of limitation. The trial court found section 290, subdivision (f), a “continuing offense” and ruled the prosecution was not barred.
On September 11, 1984, petitioner sought and obtained in the Superior Court, County of Riverside, the issuance of an alternative writ of prohibition. The superior court issued a ruling denying the writ, on the ground section 290 is a continuing offense. Shortly thereafter, petitioner filed a petition for writ of prohibition/mandate and stay in this court. We denied the writ on November 5, 1984.