People v. Holtkamp CA4/3

INTRODUCTION

Defendant Brian James Holtkamp pled guilty to one count of unlawful sexual intercourse with a minor more than three years younger than himself. The trial court imposed a lifetime sex offender registration requirement on defendant. Defendant argues that the registration requirement is a punishment, due to the residency restrictions applicable to those persons subject to sex offender registration, and, therefore, under Apprendi v. New Jersey (2000) 530 U.S. 466, 490, a jury was required to make the findings supporting the discretionary registration requirement. The California Supreme Court recently rejected that very argument (People v. Mosley (2015) 60 Cal.4th 1044, 1048); we therefore affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Defendant pled guilty to engaging in unlawful sexual intercourse with a minor more than three years younger than himself, in violation of Penal Code section 261.5, subdivision (c). Defendant’s written allocution reads: “I offer the following facts as the basis for my guilty plea: [¶] In Orange County, California, on and between August 1, 2012 and September 30, 2012, I unlawfully engaged in an act of sexual intercourse with…