Six-Time PC 314.1 Offender, Registration Obligation Ended
In the year 2000, our client, then age 50, was convicted in Van Nuys Superior Court of violating Penal Code § 314.1. He was then sentenced to state prison for three years. This was his sixth conviction for indecent exposure. His five prior convictions were all in the last ten years, one after another.
The client then served about fourteen months of the thirty-six month term and was released on parole. As he knew all too well, he then had to register as a sex offender with the local police, which for him meant the Gardena Police Department.
After each prison term he served (this last one was his fifth), he resolved never to offend again. This time, however, he stuck to his plan. He also got a great job as a handy man working for a major commercial landlord, so he was very busy and often tired from work.
In the year 2023, the Gardena Police Department told him he should apply to have his registration obligation terminated as is provided under the new provisions in Penal Code § 290.5 (as provided by Senate Bill 384).
The client, now 73, did not know this was possible and asked a few questions. The detective in charge of his reassured him that it was possible and moreover, he was classified as Tier One, meaning he was eligible after ten years of registering, which he had fulfilled.
The client then called Greg Hill & Associates and spoke with Greg Hill. The client explained his lengthy criminal history, which included other convictions as well such as DUI and trespassing.
Greg was surprised that the client was classified as Tier One, but the client emailed Greg his letter from the Gardena Police Department that stated this.
Greg then explained the process for petitioning for termination of one’s Penal Code § 290 obligation for registration. Greg explained that the petition would be filed in Torrance Superior Court due to the client’s residence being in Gardena.
Greg then explained to the client that while the detective with whom the client registered may find him eligible to terminate registration, the Los Angeles District Attorney’s Office would most likely oppose termination and argue that “community safety would be significantly enhanced by requiring continued registration.” Penal Code § 290.5(a)(2), (3).
The judge would then decide if termination was appropriate. In other words, this petition was not a “sure thing.”
Greg explained that in a prior petition for termination of registration that he had filed in Norwalk Superior Court was vigorously opposed by the District Attorney’s office. It that case, Greg explained, the DA had served us with an opposition that attached the police report and argued that because the client’s crimes were committed over a seven year period, the judge should deny the termination of registration request. The crime, however, was a Tier Two offense (child molestation over time), so it there was a direct victim and it was far more serious in nature.
Here, in the Torrance case, our client’s crimes spanned ten years, or an even greater time period.
Greg explained, however, that our client’s 23-year period of no violations should rebut any public safety concern. Greg cautioned, however, that judges are often very tough on sex offense cases and out of an abundance of caution, the petition may be denied. Greg then described the recent published decision from the Fourth Appellate District, People v. Sonny Thai (2023) 90 Cal. App. 5th 427.
In Thai, the Fourth Appellate District reversed a Riverside County Superior Court judge who ruled because the original crime was so terrible, petitioner should continue registering. The trial judge made no findings that continued registration would promote public safety. Greg explained that the trial court judge was probably under pressure from the DA or the public to deny the petition and may not have expected Mr. Thai to challenge his ruling on appeal.
If the petition is denied, the judge will state how soon such a petition may be refiled. In our Norwalk case, the judge stated we could refile the petition in five years.
The client then hired Greg Hill & Associates and we prepared, filed and served the petition on the Gardena Police Department and the Torrance District Attorney’s Office.
The court then set a date for a hearing on the petition. Greg then appeared in the Torrance Court for the hearing and the judge quickly signed the petition, either totally unaware of the client history or unconcerned by this. The DA did not oppose the petition at all.
Regardless, the client was very happy to know he could live the rest of his life free from the anxiety of having to register as a sex offender.
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