In re Stier

The Attorney General has taken this appeal from a judgment in this habeas corpus proceeding that discharged respondent from the duty to register as a sex offender pursuant to Penal Code section 290, 1 and removed his identity or any “information regarding him” from “databases of sexual offenders.” We conclude that the Attorney General is not foreclosed by principles of waiver or estoppel from challenging the judgment in this appeal. We also conclude that the judgment granting respondent habeas corpus relief is in excess of the trial court’s authority in the absence of evidence he was in actual or constructive custody. We therefore reverse the judgment and remand the case to the trial court to grant respondent the opportunity to file an appropriate action.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In 1995, respondent, a physician who resides in San Francisco, began an Internet and telephone relationship with Jill N., a 41-year-old woman who represented to him that her name was “Jill Armstrong,” 2 and that she was 18 years old. In February of 1996, while respondent was traveling to a professional conference in North Carolina, he arranged to meet Jill at a hotel. In fact,…