Rhone

I.

INTRODUCTION

Appellant Dwight Rhone appeals from a September 16, 2013 order of the trial

court denying his petition for a writ of mandamus, filed pursuant to the authority of

People v. Hofsheier (2006) 37 Cal.4th 1185, seeking relief from the requirement that he

register as a sex offender.

On appeal, Rhone contends that the trial court abused its discretion in ordering that

he continue to register as a sex offender pursuant to Penal Code1 section 290.006. We

conclude that Rhone has not shown an abuse of discretion, and we therefore affirm the

trial court's order.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

On January 28, 1980, Rhone, who was in custody in the San Diego County jail

awaiting sentencing for a robbery, sodomized one of his cellmates. The incident began

earlier in the day when Rhone told the cellmate, "I'm going to take you." When Rhone's

cellmate objected, Rhone pushed him, choked him, and hit his head against the wall.

Later that night, against his cellmate's wishes, Rhone sodomized the cellmate. Rhone

inserted both his finger and his penis into his cellmate's anus. Rhone's cellmate requested

a…