Marchand

In Apprendi v. New Jersey (2000) 530 U.S. 466 [ 120 S.Ct. 2348 , 147 L.Ed.2d 435 ] (Apprendi), the United States Supreme Court held that under the Fourteenth Amendment to the United States Constitution, “ ‘any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt.’ ” (Apprendi, supra, 530 U.S. at p. 476 [ 120 S.Ct. at p. 2355 ], quoting Jones v. United States (1999) 526 U.S. 227, 243, fn. 6 [ 119 S.Ct. 1215, 1224 , 143 L.Ed.2d 311 ].) Under subdivision (a)(2)(E) of Penal Code section 290 (hereafter section 290(a)(2)(E)), the court may require a defendant convicted of any crime to register as a sex offender “if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.” Section 290(a)(2)(E) does not demand that the court find the predicate fact was proved beyond a reasonable doubt, and thus it is subject to proof by a preponderance of the evidence. (See Evid. Code, § 115.)

In this case, following a court trial in which defendant was found guilty…