Tuck

People v. Tuck

Good Law
139 Cal. Rptr. 3d 407·2012 Cal. App. LEXIS 351·204 Cal. App. 4th 724·2012 WL 1004998
Court of Appeal of CaliforniaMarch 27, 2012No. A131624California7,761 words

Opinion

Lead Opinion

Pollak, J.

—In 1999, defendant George Christopher Tuck was 19 years old and, for engaging in sexual relations with his then 13-year-old girlfriend, by a plea of no contest was convicted of committing lewd acts on a child under the age of 14. (Pen. Code, § 288, subd. (a).) 1 Now, more than 12 years later, he seeks to be relieved of the lifetime requirement that he register as a sex offender, arguing that this requirement violates his right to equal protection of the law. After considering uncontradicted evidence that Tuck poses no threat of engaging in future sexual misconduct, the trial court stated that it would have preferred to grant him relief but denied his petition for a writ of mandate because it could find no legal authority empowering the court to strike the registration requirement. We agree with the trial court that the equal protection analysis adopted in People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier) does not support the conclusion that the mandatory registration requirement for the violation of section 288, subdivision (a) denies the offender equal protection. However, we call attention to the possibility that provisions of…

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