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Ruelas v. Superior Court (People)

California Court of Appeals, Sixth District

January 23, 2015

ISAAC RUELAS, Plaintiff and Appellant,
v.
THE SUPERIOR COURT OF MONTEREY COUNTY, Defendant and Respondent THE PEOPLE, Real Party in Interest and Respondent.

[REHEARING GRANTED 2-20-15]

Monterey County Super. Ct. Nos. M122167, J29777, Trial Judge: Hon. Robert A. Burlison

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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COUNSEL

Innocence Legal Team and William P. Daley for Plaintiff and Appellant.

Kamala D. Harris Attorney General, Dane R. Gillette Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Ronald E. Niver, Luke Fadem and Elizabeth Hereford Deputy Attorneys General , for Defendant and Respondent.

No appearance for Real Party in Interest and Respondent.

OPINION

PREMO, J.

Appellant Isaac Ruelas appeals from the denial of his request for relief from mandatory sex offender registration on equal protection grounds. Relying on People v. Hofsheier (2006) 37 Cal.4th 1185 [39 Cal.Rptr.3d 821, 129 P.3d 29] (Hofsheier), Ruelas asserts two arguments. First, he contends that mandatory sex offender registration for a juvenile who is both adjudicated of violating Penal Code section 647.6[1] and committed to the Division of Juvenile Justice, but not for a juvenile who is only adjudicated of violating section 647.6, violates the equal protection clauses of the federal and state Constitutions. Second, he maintains mandatory sex offender registration for juvenile violators of section 647.6 is unconstitutional because

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such offenders are similarly situated to defendants convicted of committing voluntary sex offenses with minors, who are not required to ...


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