People v. Kennedy

*1487 Opinion

In 2009, defendant Brian Roger Kennedy filed a postjudgment motion for a reduction of his 2008 conviction for attempting to distribute harmful matter to a minor by the Internet (Pen. Code, §§ 664, 288.2, subd. (b)) 1 from a felony to a misdemeanor (§ 17, subd. (b)(3)). After the trial court granted the motion, in 2010 defendant filed a motion for an order relieving him of the lifetime sex offender registration requirements of section 290. The court denied the motion pursuant to section 17, subdivision (e), which states: “Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.”

On appeal, defendant contends section 17, subdivision (e) does not restrict the trial court’s authority to terminate the lifetime registration requirement. As we disagree with defendant’s contention, we will affirm the trial court’s order.

BACKGROUND

“Between November 8, 2006, and December 7, 2006, defendant engaged in a sexually…