Noriega

Does Penal Code 1 section 290’s sex offender registration requirement constitute cruel and unusual punishment when applied to a conviction for misdemeanor indecent exposure? (§ 314, subd. 1.) The California Supreme Court recently addressed this issue with regard to a similar misdemeanor provision, possession of child pornography, pursuant to section 311.11. (In re Alva (2004) 33 Cal.4th 254 [ 14 Cal.Rptr.3d 811 , 92 P.3d 311 ] (Alva).) In Alva, the court concluded, “[Mandatory sex offender registration, as provided by section 290, is not ‘punishment’ for purposes of either the Eighth Amendment [to the United States Constitution] or article I, section 17 of the California Constitution.” (Id. at p. 292.) We are bound by this decision. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 [ 20 Cal.Rptr. 321 , 369 P.2d 937 ].) Thus, the trial court erred by refusing to impose the mandatory sex offender registration requirement triggered by defendant’s conviction for misdemeanor indecent exposure. We reverse the trial court’s order and remand the matter for further proceedings. In all other respects, the judgment is affirmed.

I

FACTS

On April 20, 2001,…