Can a petitioner who is required to register as a sex offender under section 290 of the California Code of Civil Procedure apply for redesignation relief?

California, United States of America


The following excerpt is from People v. Nettles, C086368 (Cal. App. 2019):

Proposition 47 redesignation relief is unavailable to a petitioner who is required to register under section 290. (See 1170.18, subd. (i); People v. Shabazz (2015) 237 Cal.App.4th 303, 314.) Here, defendant's section 220 convictions for assault with intent to commit rape require him to register as a sex offender. (See 290, subd. (c) ["The following persons shall register: [] Any person who, since July 1, 1944, has been or is hereafter convicted . . . of a violation of . . . Section 220, except assault to commit mayhem"].)

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