Flores

BACKGROUND

In July 1988, Flores was arrested on charges of attempted rape (§ 664/261, subd. (2)) and assault with intent to commit rape (ibid., § 220). He pleaded no contest to the attempted rape charge, and the second count was dismissed. On his change of plea form,

1 All statutory references are to the Penal Code.

1 Flores acknowledged that as a result of his plea, he “must register as a sex offender in accordance with [section] 290 . . . .” On January 27, 1989, the court sentenced Flores to a three-year term of felony probation, the terms and conditions of which included eight months in county jail. Flores was admitted to probation on March 14, 1989. In August 1989, Flores was released from custody after serving his jail sentence. Upon his release, he was instructed by his probation officer to register as a sex offender, which he did for the first time on August 10, 1989. On February 11, 1991, the court ordered Flores’s probation terminated, Flores having fulfilled the terms of his probation and remained arrest-free. His no contest plea was set aside, a plea of not guilty entered, and the accusatory pleading dismissed pursuant to sections 1203.3 and 1203.4. Flores…