People v. Kennedy, 194 Cal. App. 4th 1484

Defendant Kennedy was convicted in 2008 of attempting to distribute harmful matter to a minor by Internet (Pen. Code, §§ 664, 288.2, subd. (b)).
The conviction could be treated as a felony or misdemeanor; in 2010 the court reduced it to a misdemeanor under § 17, subd. (b)(3).
Kennedy was ordered to register as a sex offender under § 290 as part of probation.
In 2009 Kennedy moved to reduce the § 288.2(b) offense to a misdemeanor; the court granted the reduction.
Kennedy later moved to terminate lifetime registration under § 290, arguing the reduction allowed relief from registration.
The trial court denied the termination; Kennedy appealed, contending § 17(e) does not bar relief from § 290 registration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 17(e) restricts relief from § 290 registration after a wobble reduction	Kennedy: §17(e) does not restrict relief	People: §17(e) bars relief when the trier found guilty of §290-offense	§17(e) restricts relief; denial affirmed

People v. Kennedy, 180 Cal.App.4th 403 (Cal. Ct. App. 2009) (discusses §290 registration following §288.2 conviction)
Feyrer, 48 Cal.4th 426 (Cal. 2010) (wobbler reduced to misdemeanor; offense deemed misdemeanor post-judgment)
Wright v. Superior Court, 15 Cal.4th 521 (Cal. 1997) (§290 automatic lifelong registration; conduct subject to plea negotiations)
Doble v. Superior Court, 197 Cal. 556 (Cal. 1925) (judgment retroactivity of misdemeanors)
Banks, 53 Cal.2d 370 (Cal. 1959) (felony-to-misdemeanor status not retroactive except as judgment)
Gebremicael v. California Com. on Teacher Credentialing, 118 Cal.App.4th 1477 (Cal. App. 2004) (relief under §17, subd. (b) not retroactive)
Coronado, 12 Cal.4th 145 (Cal. 1995) (statutory interpretation and public policy considerations)
Auto Equity Sales, Inc. v. Superior Court, 57 Cal.2d 450 (Cal. 1962) (judicial deference to legislative determinations)
People v. Jefferson, 21 Cal.4th 86 (Cal. 1999) (statutory interpretation framework)