Tye

Appellant, Timmy Tye, appeals from judgment and sentence after jury conviction of contributing to the delinquency of a minor (Pen. Code, § 272) and battery (Pen. Code, § 242), misdemeanors. He contends the victim should not have been permitted to testify that he had had sexual intercourse with her because her testimony was a product of unlawful interrogation and that he should not be required to register as a sex offender. (§ 290.) We agree with his second contention, direct the trial court to delete the term of probation which requires him to register as a sex offender, but otherwise affirm the judgment.

Facts

March 21, 1983, while Tye was incarcerated on an unrelated matter, police responded to a burglary report at Tina L.’s home. They discovered Dennis Burrel on Tina L. on the living room floor and arrested him for forcible rape. Tina told Detective Briner that she had had sexual intercourse with Burrel once before, in January, at which time she had been a virgin. She also said she had been beaten in January by Timmy Tye, Burrel’s friend, but she and her mother had decided not to have him prosecuted.

Burrel, in his postarrest interview, named Tye as Tina’s…