Jones

Defendant Mark Edwards Jones pled guilty to failing to register as a sex offender (Pen. Code, § 290, subd. (g)(2)). 1 He also admitted that he had suffered one prior “strike” conviction (§§ 667, subds. (b)-(i), 1170.12) and had served three prior prison terms (§ 667.5, subd. (b)). He was sentenced to a prison term of four years.

On appeal, defendant contends the trial court abused its discretion when it refused to strike his section 290 conviction on the ground that the sex offender registration requirement violates the state and federal constitutional guarantees of equal protection. (U.S. Const., 14th Amend.; Cal. Const., art. I, §7.)

We conclude that defendant failed to show that the Legislature had no rational basis for requiring persons convicted of violating section 288a, subdivision (b)(1) (oral copulation with a person under the age of 18) to register as sex offenders under section 290. Therefore, the statute does not offend equal protection as applied to defendant, and the trial court did not abuse its discretion in declining to dismiss defendant’s current conviction. We will affirm the judgment.

I. Facts

In 1993, defendant was convicted of unlawful sexual…

I dissent.

Penal Code section 290 1 states in relevant part: “(a)(1)(A) Every person described in paragraph (2), for the rest of his or her life while residing in . . . California . . . shall be required to register with the chief of police of the city in which he or she is residing, . . . within five working days of coming into . . . any city, county, or city and county ... in which he or she temporarily resides . . . . [¶] (2) The following persons shall be required to register pursuant to paragraph (1): [¶] (A) Any person who, since My 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of . . . Section . . . 288a . . . .” Section 290 thus requires any person convicted of violating section 288a, subdivision (b)(1) to register as a sex offender. (§ 290, subd. (a)(1)(A), (2)(A).) Section 288a, subdivision (b)(1) provides that it is a felony for any person to engage in an act of oral copulation with a person under the age of 18. 2 A person convicted of this statute may not obtain relief from the registration requirement under any circumstances other than a “full pardon.” (§§ 290.5, subd. (b)(1), 290.4, subd.…

BAMATTRE-MANOUKIAN, Acting P.J.

Defendant Mark Edwards Jones pled guilty to failing to register as a sex offender (Pen.Code, § 290, subd. (g)(2)). [1] He also admitted that he had suffered one prior "strike" conviction (§§ 667, subds. (b)-(i), 1170.12) and had served three prior prison terms (§ 667.5, subd. (b)). He was sentenced to a prison term of four years.

On appeal, defendant contends the trial court abused its discretion when it refused to strike his section 290 conviction on the ground that the sex offender registration requirement violates the state and federal constitutional guarantees of equal protection. (U.S. Const., 14th Amend.; Cal. Const., art. I, § 7.)

We conclude that defendant failed to show that the Legislature had no rational basis for requiring persons convicted of violating section 288a, subdivision (b)(1) (oral copulation with a person under the age of 18) to register as sex offenders under section 290. Therefore, the statute does not offend equal protection as applied to defendant, and the trial court did not abuse its discretion in declining to dismiss defendant's current conviction. We will affirm the judgment.

In 1993, defendant was convicted of…