Can a defendant avoid having to register as a sex offender by pleading guilty to a charge of sexual assault?

California, United States of America


The following excerpt is from People v. Olea, 59 Cal.App.4th 1289, 69 Cal.Rptr.2d 722 (Cal. App. 1997):

We cannot agree with this line of argument either. In view of the express notification in the complaint that conviction of the offenses alleged in counts 6 and 7 would require sex offender registration, appellant could reasonably believe that dismissal of those counts would eliminate the basis for registration. When he entered his plea, the court inquired only about his intent to commit theft, not about sexual compulsion or gratification. While appellant agreed the sex offenses were transactionally related to the thefts and could be considered for sentencing purposes, the record reflects his counsel's belief that such consideration would be directed to the degree of punishment to be imposed within the range contemplated by the plea bargain, not to the imposition of an entirely different element of punishment. (See People v. Harvey (1979) 25 Cal.3d 754, 758, 159 Cal.Rptr. 696, 602 P.2d 396.) Counsel objected immediately when the sentencing court broached the subject of sex offender registration under section 290, subdivision (a)(2)(E). Under the circumstances of this case, counsel's view of the agreement was not unreasonable, nor would it be unreasonable for appellant to expect that one of the benefits of his plea bargain was avoiding the necessity of registering as a sex offender.

Other Questions


What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
Does a defendant have to plead guilty to a charge of assault under section 17, subdivision (b) of the California Criminal Code to avoid a conviction for the assault of a minor? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
What options are available to a defendant in a sexual assault case where they have pleaded guilty to the same charges against two different defendants? (California, United States of America)
Does a defendant have to plead guilty to a lesser included charge of sexual assault to avoid prosecution? (California, United States of America)
Does pleading guilty to a lesser charge of sexual assault constitute pleading guilty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.