Lewis

I. Introduction

In 1987, a jury convicted Philander Lewis of two counts of oral copulation with a minor under the age of 18. (Pen. Code, § 288a, subd. (b)(1).) The trial court placed Lewis on probation and ordered him to register as a sex offender as required by section 290. Twenty years later, Lewis filed a motion in the superior court asking the court to lift the lifetime registration requirement. Relying upon the California Supreme Court’s decision in People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier), Lewis argued that mandatory sex offender registration for a section 288a, subdivision (b)(1) conviction was a violation of his right to equal protection of the law. The People conceded the point but argued that the court was entitled to continue the registration requirement under the discretionary registration statute. (§ 290.006.) The superior court agreed with the People and denied the motion. Lewis appeals from that order.

A threshold concern is whether the superior court had authority to hear a motion filed 20 years after the judgment was final. In light of that concern, we have chosen to treat the instant matter as a…