Friday, September 27, 2013

CA - Hall v. Harris

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Original Article

Diigo Post Excerpt:
In mandamus proceedings before the trial court, the court relieved Hall of the mandatory lifetime sex offender registration requirement arising from his sex offense conviction, but imposed the discretionary lifetime registration requirement. On appeal, Hall argues the trial court's decision to impose the discretionary registration requirement violates Apprendi[1] and ex post facto principles because the registration requirement now incorporates a punitive residency restriction. He requests that we reverse the order imposing the discretionary registration requirement, or alternatively, that we direct the trial court to issue an order declaring he is not subject to the statutory residency restriction applicable to sex offender registrants. On appeal, the People maintain that the statutory residency restriction does not apply to Hall because he is a probationer, not a parolee. On this record, we accept the People's concession and do not decide the underlying issues presented in this appeal. Accordingly, we construe the judgment as not imposing the statutory residency restriction and affirm.

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