Saunders

People v. Saunders

Good Law
1991 Cal. App. LEXIS 906·232 Cal. App. 3d 1592·284 Cal. Rptr. 212·91 Daily Journal DAR 9721·91 Cal. Daily Op. Serv. 6342
Court of Appeal of CaliforniaAugust 7, 1991F014429California1,821 words

Opinion

Opinion

Thaxter, J.

—Penal Code section 290 requires registration of persons convicted of various sex offenses, including assault with intent to commit rape or sodomy under section 220. The statute does not expressly require registration upon conviction of assault with intent to commit oral copulation, another crime listed in section 220, but does so for conviction of felonious oral copulation and attempted oral copulation. Although we see no reason for this legislative choice, we also see no means by which the registration requirement can be upheld in this instance. We therefore strike the registration requirement.

Statement of Case

Appellant Karl Stewart Saunders was charged by information with three felonies: forcible oral copulation (§ 288a, subd. (c)), forcible penetration of genital or anal opening with a foreign object (§ 289, subd. (a)), and commission of a lewd or lascivious act upon a child under the age of 14 (§ 288, subd. (a)). Several enhancement allegations were also included in the charging document. After entering a plea of not guilty to all counts and denying the enhancement allegations, appellant entered into a bargain with the prosecution whereby the prosecution amended…

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