Presley

Defendant Bruce Michelle Presley was charged with assault with intent to commit rape (count one), felony false imprisonment (count two), assault with intent to commit a sexual crime (count three), and assault likely to produce great bodily injury (count four). A jury found defendant guilty of count two as charged and found him guilty of three misdemeanor simple assaults as lesser included offenses of counts one, three, and four. Defendant received the midterm of two years in state prison for false imprisonment, with the assault sentences for counts one, three, and four to be served concurrently. The trial court also ordered defendant to register as a sex offender pursuant to Penal Code section 290, subdivision (a)(2)(E) for the false imprisonment offense. The court ordered registration because it specifically found that the “uncontrovert[i]ble and credible evidence” proved that the false imprisonment was committed and motivated by. sexual compulsion or for purposes of sexual gratification.

Defendant claims the sex offender registration requirement violates his Sixth Amendment rights under the federal Constitution because the facts underlying the trial court’s order were…