209 Cal. App. 4th 1439
Cal. Ct. App.2012Background
- Plaintiff1 appeals a writ of mandate seeking relief from the lifetime registration under Penal Code 290.006 after obtaining a 2002 certificate of rehabilitation.
- Hofsheier (2006) held mandatory registration for 288a(b)(1) violated equal protection and required remand for discretionary review.
- In 2010, Picklesimer clarified that Hofsheier relief for those no longer in custody must be pursued by writ and that trial courts retain discretion.
- Plaintiff submitted evidence showing very low risk of reoffending and community support.
- Trial court denied relief, ordering lifetime registration under 290.006; court found ongoing danger despite evidence.
- Court reverses, invalidates 290.5(a)(2)(N), and grants relief from registration based on Hofsheier equality principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is 290.5(a)(2)(N) unconstitutional under Hofsheier? | Plaintiff argues 288a(b)(1) offenders deserve automatic relief. | People argues rational basis despite Hofsheier; for 288a(b)(1) not similarly situated to 261.5 offenders. | Yes; 290.5(a)(2)(N) violates equal protection. |
| Does Hofsheier mandate relief by striking the automatic rule and remanding for discretionary review? | Relief should be automatic upon certificate of rehabilitation. | Discretionary review under 290.006 applies; automatic relief is inappropriate. | Court applies Hofsheier to strike 290.5(a)(2)(N) and relief granted. |
| Is plaintiff entitled to relief without considering discretionary reoffense risk given certificate of rehabilitation? | Evidence shows low risk; should not be denied. | Discretion still permissible; court can weigh ongoing danger. | Relief granted; need not analyze discretionary 290.006 anew. |
| Should the court remand or invalidate statute? | Invalidation sufficient to relieve him. | Remand contemplated; discretionary review not required. | Invalidation of 290.5(a)(2)(N); plaintiff relieved of duty. |
Key Cases Cited
- People v. Hofsheier, 37 Cal.4th 1185 (Cal. 2006) (equal protection; strike mandatory registration; remand for discretionary relief)
- People v. Picklesimer, 48 Cal.4th 330 (Cal. 2010) (Hofsheier relief by writ; discretionary determination retained by court)
- People v. Tuck, 204 Cal.App.4th 724 (Cal. App. 2012) (equal protection; class comparisons for certificate relief)
- Newland v. Board of Governors, 19 Cal.3d 705 (Cal. 1977) (rational basis scrutiny; penalties and classifications)