Allen
People v. Allen
Opinion
Opinion
Sims, J.
This People’s appeal presents a question whether a 1995 amendment to the statute requiring convicted sex offenders to register, Penal Code section 290 (all further section references are to the Penal Code), violates the proscription on ex post facto laws. Before January 1, 1995, the statute required persons adjudicated guilty of sexual offenses as juveniles to register only until they turned 25. (Former § 290, subd. (d)(4).) Effective January 1, 1995, section 290 was amended to abolish this restriction and to impose a lifetime duty of registration on all such persons who were discharged or paroled from juvenile commitments on or after January 1, 1986. (§ 290, subd. (d)(1).)
Defendant Rodney Duane Allen was adjudicated guilty of a sexual offense in juvenile court in 1987. He turned 25 in 1994. Charged with a violation of section 290 in 1997, he obtained a dismissal of the charge on the ground that as applied to him the statute violated the prohibition against ex post facto laws. The trial court then denied the People’s motion to reinstate the charge. (§ 871.5.) The People appeal from the trial court’s order denying their motion. (§ 1238, subd. (a)(9).)