Dunn

People v. Dunn

Good Law
2 Cal. App. 5th 153·2016 Cal. App. LEXIS 646·206 Cal. Rptr. 3d 173
Court of Appeal of CaliforniaAugust 4, 20162d Crim. B266482California1,177 words

Opinion

Opinion

Tangeman, J.

*155 Sean F. Dunn appeals an order denying a petition to recall his sentence for felony petty theft with a prior and for resentencing to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and School Act (the Act). (Pen. Code, §§ 1170.18, 666.)

Here we hold that a person is not eligible for resentencing pursuant to section 666 if the person is required to register as a sex offender as a result of a prior juvenile adjudication. (§§ 666, 290.008, formerly § 290, subd. (d)(1).) This treatment of registered juvenile sex offenders does not deny Dunn equal protection of the laws. (U.S. Const., 14th Amend.; Cal. Const., art. I, § 7, subd. (a).)

BACKGROUND

In 1990, when Dunn was 14 years old, he committed two acts of forcible rape in concert with another and three acts of forcible sexual penetration. A juvenile court sustained allegations that he committed two counts of section 264.1 and three counts of section 289, subdivision (a). It committed him to the California Youth Authority for a 54-year term. Following Dunn's discharge, he was required to register as a sex offender. (§ 290.008, formerly § 290, subd. (d)(1).)

*156 In 1997, Dunn was sentenced to prison for assault…

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