Luansing

Wilfredo Hernandez Luansing was convicted in 1979 of oral copulation with a person under the age of 16 in violation of Penal Code section 288a, subdivision (b)(2). He appeals from an order denying his motion made pursuant to People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier) to terminate his obligation to register as a sex offender. Appellant contends that he was denied equal protection and due process under the state and federal Constitutions by the denial of his Hofsheier motion, and if his due process claim was not preserved for appeal and is meritorious, he suffered ineffective assistance of counsel. Because we conclude that appellant was denied equal protection, we reverse and remand the matter.

PROCEDURAL AND FACTUAL BACKGROUND

In 1979, appellant, then 30 years of age, gave a ride to a boy who was under the age of 16. Appellant claimed he was told, and believed, that the minor was over 18. In the car, appellant performed oral sex on the minor at the minor’s request. Appellant claimed that the boy intimidated him “to a point that I followed everything he told me to do yet I did not do anything to stop the moment for fear he…