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What's Wrong With This Opinion?

James Hernandez pled no contest to oral copulation with a person less than 16-years-old.  Hernandez was 22 and the minor was 14.

In 2001, Hernandez served 270 days in jail, was placed on five years of probation, and required to register with local police as a sex offender according to California Penal Code section 290.  So far, so good.

In 2006, the California Supreme Court held in People v. Hofsheier that mandatory sex offender registration under section 290 violated equal protection when a person is convicted of oral copulation of a minor between the ages of 16 and 18. Don't ask me why, I just report 'em - the post in the last link gives a great explanation.  Based on that decision, Hernandez appealed to overturn the mandatory registration requirement, arguing there is no reasonable distinction between oral copulation with a person between 16 and 18 years of age and with a person between 14 and 16 years of age.

The court of appeal reversed the mandatory sex offender registration requirement and allowed Hernandez not to register as a sex offender.

So I ask again, what's wrong with this decision in People v. Hernandez?

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Sunday, September 07, 2008 at 08:45 Comments Closed (0) |
 
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