What is the appropriate remedy for a sex offender who is convicted of a sexual assault?

California, United States of America


The following excerpt is from People v. Olanjimenez, H036904 (Cal. App. 2012):

We next consider the appropriate remedy. In that regard, the decision in People v. Olea (1997) 59 Cal.App.4th 1289 (Olea) is instructive. There, the defendant entered into a plea bargain in which he pleaded guilty to an offense for which sex offender registration under section 290 was not mandatory. When the plea bargain was placed on the record, no mention was made of sex offender registration. (Id. at pp. 1293-1294.) At the sentencing hearing, the trial court found that the offense was sexually motivated and, over defense counsel's objection, ordered defendant to register as a sex offender pursuant to former section 290, subdivision (a)(2)(E) (now section 290.006). (Id. at pp. 1294-1295.)

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