California Court of Appeals, Second District, Sixth Division
Court County of Ventura, Patricia M. Murphy, Judge. (Super.
Ct. No. 2012009629) (Ventura County)
P. Lipson, Public Defender, Michael C. McMahon, Chief Deputy
Public Defender, and William Quest, Senior Deputy Public
Defender, for Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Lance E. Winters, Senior
Assistant Attorney General, and [206 Cal.Rptr.3d 174] Noah P.
Hill and Mary Sanchez, Deputy Attorneys General, for
Plaintiff and Respondent.
F. Dunn appeals an order denying a petition to recall his
sentence for felony petty theft with a prior and for
resentencing to a misdemeanor pursuant to Proposition 47, the
Safe Neighborhoods and School Act (the Act). (Pen. Code, � �
hold that a person is not eligible for resentencing pursuant
to section 666 if the person is required to register as a sex
offender as a result of a prior juvenile adjudication. (� �
666, 290.008, formerly � 290, subd. (d)(1).) This treatment
of registered juvenile sex offenders does not deny Dunn equal
protection of the laws. (U.S. Const., 14th Amend.; Cal.
Const., art. I, � 7, subd. (a).)
1990, when Dunn was 14 years old, he committed two acts of
forcible rape in concert with another and three acts of
forcible sexual penetration. A juvenile court sustained
allegations that he committed two counts of section 264.1 and
three counts of section 289, subdivision (a). It committed
him to the California Youth Authority for a 54-year term.
Following Dunn’s discharge, he was required to register as a
sex offender. (� 290.008, formerly � 290, subd.
1997, Dunn was sentenced to prison for assault with force
likely to produce great bodily injury. (� 245, former subd.
(a)(1).) In 2011, he returned to prison for robbery. (� 211.)
While on parole for the robbery in 2012, he stole items from
a department store. He pled guilty to felony petty theft with
a prior. (� 666, former subd. (b).) He admitted the prior
strike conviction for robbery and the court sentenced him to
32 months in prison. (� 667, subds. (b)-(i).)
was released on parole in 2014, with electronic monitoring.
(� � 3000.08, subd. (a), 3010.10, subd. (b).) Two months
later, he violated parole by removing his electronic tracking
device. The court revoked and reinstated his parole. In 2015,