Willard

People v. Willard

Good Law
154 Cal. App. 4th 1329·2007 Cal. App. LEXIS 1482·65 Cal. Rptr. 3d 488
Court of Appeal of CaliforniaSeptember 6, 2007C054553California1,879 words

Opinion

Opinion

Robie, J.

Defendant Bobby Lee Willard appeals following his plea of no contest to one count of committing lewd and lascivious acts on a child under the age of 14. He contends 1) his plea was taken without a sufficient factual basis; 2) the court erred in failing to advise defendant that sex offender registration was a lifetime requirement; 3) the court erred in advising defendant after his release he might be civilly committed as a sexually violent predator (SVP); and 4) the court imposed an unauthorized fine.

In the published portion of the opinion, we conclude there was not an adequate factual basis for defendant’s plea.

In the unpublished portion of the opinion, we conclude defendant was not prejudiced by the failure to advise him of the lifetime sexual offender registration and the court did not err in advising defendant he might be subject to the Sexually Violent Predator Act. We also find the fines imposed under Penal Code section 290.3 must be corrected.

Defendant obtained a certificate of probable cause.

RELEVANT FACTS AND PROCEDURAL HISTORY

On October 2, 2006, defendant was charged with two counts of committing a lewd act upon a child under the age of 14, one count of…

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