Hernandez

In 2001, James Hernandez was convicted of oral copulation with a person under the age of 16 (Pen. Code, § 288a, subd. (b)(2)) upon a plea of no contest. The trial court placed him on five years’ probation subject to 270 days in county jail and ordered him to register as a sex offender under section 290, former subdivision (a)(1)(A). He appeals from an order denying his 2007 motion seeking to terminate the mandatory, lifetime requirement that he register as a sex offender. Appellant contends that the requirement violates equal protection under the state and federal Constitutions when applied to convictions of section 288a, subdivision (b)(2). Respondent contends that we should dismiss this appeal because appellant has failed to obtain a certificate of probable cause pursuant to section 1237.5.

We reverse and remand with directions.

PROCEDURAL AND FACTUAL BACKGROUND

In 2001, appellant pled no contest to one count of oral copulation with a person under 16 years of age (§ 288a, subd. (b)(2)). At the time of the offense, appellant was 22 years old and participated in oral copulation with a 14 year old. Appellant was placed on five years’ formal probation, ordered to serve…