Cavallaro

In People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier), the Supreme Court held unconstitutional the application of mandatory lifetime sex offender registration under Penal Code section 290 to a defendant convicted of unlawful, nonforcible oral copulation involving a 16 year old. The court concluded that because there was no rational basis for requiring registration in the defendant’s case and not requiring it for persons convicted of unlawful, nonforcible sexual intercourse with a 16-year-old victim, mandatory registration for the former offense violated the equal protection clauses of the federal and state Constitutions. (Hofsheier, supra, at p. 1207 .)

After defendant David Reid Cavallaro pleaded no contest to six counts of lewd and lascivious acts involving 14- and 15-year-old victims at least 10 years younger than he (§ 288, subd. (c)(1); hereafter, section 288(c)(1)), he argued successfully that the imposition of mandatory sex offender registration under section 290 was prohibited under Hofsheier, supra, 37 Cal.4th .1185. The People appeal from that ruling, arguing that barring mandatory registration after a…