California, United States of America
The following excerpt is from The People v. Motuapuaka, A127998, San Mateo County Super. Ct. No. SC068620 (Cal. App. 2010):
The Attorney General contends that appellant's registration requirement does not constitute an unauthorized sentence, arguing that the court had discretion to impose registration under section 290.006. While it is true the court had discretion to impose registration under section 290.006, it did not do so. Instead, it imposed registration under section 290.005, subdivision (b), a statute that is plainly inapplicable. Mandatory registration under section 290.005, subdivision (b) could not lawfully be imposed under any circumstance in this case. Put another way, the court exceeded its jurisdiction by imposing registration under a statute that is inapplicable. (See People v. Superior Court (Duran) (1978) 84 Cal.App.3d 480, 485-486 [court acts in excess of its jurisdiction by relying on wrong statute at sentencing].)
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