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People v. Dunn

California Court of Appeals, Second District, Sixth Division

August 4, 2016

THE PEOPLE, Plaintiff and Respondent,
v.
SEAN F. DUNN, Defendant and Appellant.

         Superior Court County No. 2012009629 of Ventura Patricia M. Murphy, Judge

Page 154

[Copyrighted Material Omitted]

Page 155

         COUNSEL

         Stephen P. Lipson, Public Defender, Michael C. McMahon, Chief Deputy Public Defender, and William Quest, Senior Deputy Public Defender, for Defendant and Appellant.

         Kamala 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 Respondent.

         OPINION

         TANGEMAN, J.

         Sean 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, §§ 1170.18, 666.)[1]

         Here we 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).)

         BACKGROUND

         In 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. (d)(1).)[2]

Page 156

         In 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 ...


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