Eastman

Defendant Brian Joseph Eastman was convicted by guilty plea of six counts of misdemeanor disorderly conduct ( Pen. Code, § 647, subd. (j)(2) ), 1 and he admitted allegations "pursuant to Penal Code section 290.006" that the six counts had been "committed ... as a result of sexual compulsion and for purposes of sexual gratification." 2 Defendant had repeatedly used his cell phone to make "upskirt" videos of women in public places and had concealed a camera in the bathrooms of two residences so that he could videorecord women using the bathrooms. The trial court suspended imposition of sentence and granted him probation. The court also found that defendant had committed the offenses for sexual gratification or compulsion ( § 290.006 ) and ordered defendant to register *268 as a sex offender under section 290 for the rest of his life. 3

Defendant appealed to the appellate division. 4 He argued that the trial court had failed to exercise its discretion because it erroneously believed that it could not order sex offender registration only for the period of probation rather than for his lifetime. Defendant also contended that the trial court had abused its discretion in ordering…