P. v. Wallace
Defendant Troy Lee Wallace pleaded no contest to unlawful sexual intercourse and oral copulation with a minor. Among other things, the trial court sentenced defendant to lifetime registration as a sex offender and imposed a $1,140 fine, including a $300 fine pursuant to Penal Code section 290.3.
On appeal, defendant challenges the trial court’s discretionary order requiring him to register as a sex offender. Defendant claims the order violates equal protection, and further claims the record does not establish that the trial court understood and exercised its discretion in ordering sex offender registration. In addition, defendant claims there was insufficient evidence to support the order for sex offender registration, and the trial court did not state on the record that it had applied the beyond a reasonable doubt standard. Defendant further challenges the sex offender registration requirement on the ground that the residency restriction is punitive, and thus a jury must make the necessary factual findings beyond a reasonable doubt. Finally, defendant claims the trial court imposed an unauthorized fine.
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