Kun

People v. Kun

Good Law
195 Cal. App. 3d 370·1987 Cal. App. LEXIS 2195·240 Cal. Rptr. 564
Court of Appeal of CaliforniaOctober 6, 1987A034798California2,577 words

Opinion

Opinion

Barry-Deal, J.

A person convicted of felony cultivation of marijuana is required by Health and Safety Code section 11590 to register as a drug offender. We hold that this requirement does not constitute cruel and unusual punishment as applied to appellant, Dante B. Kun. Accordingly, we affirm the judgment.

Procedural Background

Appellant pled guilty to cultivation of marijuana, a felony, in violation of section 11358. The court suspended imposition of sentence and placed appellant on 3 years’ probation, with conditions, including that he serve 30 days in county jail, perform 100 hours of community service, conduct himself in a law-abiding manner, and pay a $1,000 fine and $500 to the restitution fund. In addition, he was advised to register as a drug offender pursuant to section 11590, but this was not a condition of probation. He was further advised that failure to register was punishable as a misdemean- or and would result in a violation of the condition of probation that he obey the law.

Appellant challenges neither the conviction nor the conditions of probation; he argues that the mandatory registration requirement as applied to him violates the constitutional prohibitions…

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