P. v. Hardy
Owen John Hardy (appellant) pleaded no contest to possession of child pornography. On appeal, he contends that the trial court was unaware of its discretion not to order or to stay the residency restriction requirement for registered sexual offenders (Pen. Code, § 3003.5, subd. (b)),[1] and that the restriction applies only to parolees. He also argues that the restriction constitutes unconstitutional punishment. Respondent is in agreement that the residency requirement applies only to parolees. We agree with the parties that this residency requirement is inapplicable to probationers such as appellant, and shall therefore remand the matter to the trial court with directions to strike the order containing the residency restriction.
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