Dulan

People v. Dulan

Good Law
147 Cal. App. 4th 1428·55 Cal. Rptr. 3d 312
Court of Appeal of CaliforniaFebruary 27, 2007H028838California5,473 words

Opinion

Opinion

Rushing, J.

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1430 OPINION Defendant Seanalan Christopher Dulan entered a negotiated plea of no contest to charges that, while over the age of 21, he engaged in sexual intercourse and oral copulation with a person under the age of 16. Among other conditions of his sentence, the trial court ordered him to register as a sex offender pursuant to Penal Code section 290 (section 290). On appeal defendant contends that this was error because the mandatory registration requirement applicable to oral copulators in his situation violates equal protection in view of the absence of such a requirement affecting those who *Page 1431 commit unlawful sexual intercourse with minors in otherwise identical circumstances. The Supreme Court recently upheld a similar challenge to the statutes' treatment of adults who engage in oral copulation with persons between 16 and 18 years of age. ( People v. Hofsheier (2006) 37 Cal.4th 1185 , 1206 [ 39…

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