Springer

Springer v. Department of Justice CA3

Good Law
Court of Appeal of CaliforniaMarch 4, 2022C094838California261 words

Opinion

Opinion

Duarte, J.

BACKGROUND

On September 28, 2005, defendant pleaded guilty to one count of a lewd and lascivious act with a 14- or 15-year-old child when defendant was at least 10 years older than the child (Pen. Code, § 288, subd. (c)(1)). 1 The trial court suspended imposition of defendant’s sentence, granted a five-year term of formal probation, and ordered defendant to register as a sex offender under section 290. On August 31, 2021, defendant filed a petition for writ of mandate challenging as unconstitutional the requirement that he must register for life as a sex offender under section 290, arguing it violates equal protection. The trial court denied the petition on September 10, 2021. Defendant timely appealed; the case was fully briefed on December 20, 2021, and assigned to this panel in January 2022.

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right to file a supplemental brief within…

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