P. v. Hendricks
Jerome Hendricks was previously convicted of spousal rape (Pen. Code,[1] § 262, subd. (a)(1)). In an earlier appeal, this court concluded that the trial court erred when it ordered him to register as a sex offender under the mandatory provisions of section 290. We remanded the matter to permit the trial court to assess whether Hendricks should be subjected to sex offender registration under section 290.006. The trial court ordered him to register as a sex offender under this provision, and Hendricks appeals. He asserts that the court’s order that he register as a sex offender, with its attendant residency restriction, violates his Sixth Amendment right to a jury trial because the judge, not a jury, made the factual findings upon which the registration order was based. We affirm.
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