Stuckey

Stuckey v. Dept. of Justice CA3

Good Law
Court of Appeal of CaliforniaJune 29, 2022C094411California3,392 words

Opinion

Opinion

Duarte, J.

BACKGROUND

In 1993, a six-count information was filed against Stuckey, charging him with three counts of committing a lewd and lascivious act upon a 14- or 15-year-old child in violation of section 288, subdivision (c) (now (c)(1), as noted ante), and three counts of unlawful sexual intercourse with a person under the age of 18 years in violation of section 261.5. The conduct giving rise to these charges occurred in early 1993 and involved the same victim, a 15-year-old girl. Stuckey, who was 26 years old at the time of the alleged offenses, pleaded no contest to a single count of violating section 288, subdivision (c)(1) and the remaining counts were dismissed. Stuckey’s conviction resulted in a one-year sentence and mandatory lifetime sex offender registration under former section 290. After Senate Bill No. 384 went into effect in January 2021, Stuckey filed a petition for writ of mandate, challenging the validity of the tiered sex offender registration law on equal protection grounds. In June 2021, the trial court denied Stuckey’s petition. Stuckey timely appealed. The case was fully briefed on February 22, 2022, and assigned to this panel shortly thereafter. Defendant…

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