In re Allen CA2/6

FACTS

In November 2007, Allen was charged with first degree burglary (§ 459), prowling (§ 647, subd. (h)), and peeking (§ 647, subd. (i)). In a plea agreement, Allen agreed to "register pursuant to Penal Code § 290 and [to] 'standard terms & conditions as outlined in the plea report.'"

1 All statutory references are to the Penal Code. On November 12, 2008, Allen pled no contest to first degree burglary. The trial court "suspended pronouncement of judgment" and placed him on three years' "felony probation." Allen violated the terms and conditions of his probation. On November 29, 2011, the trial court imposed a four-year state prison sentence. On August 28, 2013, Allen filed a petition for writ of habeas corpus in the superior court. He sought to enjoin CDCR from imposing sex offender residency restrictions upon his release from prison. (§§ 290, 3003.5.) He claimed such restrictions would constitute an invalid "parole condition." On September 12, 2013, the trial court issued an order to show cause. The court ordered CDCR "to show cause why the court should not order that Penal Code §§ 290 [sex offender registration requirement] and 3003.5 [residency restriction for…