California Court of Appeals, Second District, Sixth Division
Court County No. 2012009629 of Ventura Patricia M. Murphy,
[Copyrighted Material Omitted]
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 Noah P. Hill and Mary
Sanchez, Deputy Attorneys General, for Plaintiff and
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,
§§ 1170.18, 666.)
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.
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,
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 ...