TARAVELLA
People v. TARAVELLA
Opinion
Opinion
MIHARA, Acting P. J.
Petitioner Michael S. Taravella sought an order from the trial court terminating his obligationbased on his 1987 conviction for violating Penal Code section 288a, subdivision (b)(2) [1] to register as a sex offender under section 290. The trial court denied his "motion to vacate," and he challenges that decision. Relying on People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] ( Hofsheier ), Taravella contends the registration requirement violates his right to equal protection by treating two groups of similarly situated offenders differently, mandating registration by one but not the other without any rational basis. We agree. We reverse the trial court's order and remand with directions to enter judgment declaring that Taravella cannot constitutionally be subjected to section 290's mandatory registration requirement based on his conviction for violating section 288a, subdivision (b)(2).
Taravella pleaded no contest in 1987 to oral copulation by a person over the age of 21 with a person under 16 years of age. (§ 288a, subd. (b)(2)). [2] He served a prison sentence and has been obligated, since his release, to comply with the…