P. v. Neal
Filed 5/19/06 P. v. Neal CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. FRANK LEE NEAL, Defendant and Appellant. | H028822 (Santa Clara County Super. Ct. No. CC472286) |
Defendant Frank Lee Neal entered a no contest plea to three criminal offenses against a 16-year-old victim: unlawful intercourse, oral copulation, and furnishing controlled substances.[1] In connection with defendant's oral copulation conviction, he was ordered to register as a sex offender.[2] Defendant challenges that requirement here, claiming that it violates his constitutional right to equal protection under the laws. Based on recent controlling California Supreme Court authority, we agree.[3] We therefore reverse the judgment and remand the matter to the trial court.
BACKGROUND
According to the probation report, defendant met the victim in March 2003, at a house that the victim frequented to obtain methamphetamine and cocaine. The victim was 16 years old at the time; defendant was 34. They engaged in consensual sexual intercourse that night. The victim later moved in with defendant, when her mother was admitted to a drug rehabilitation center. During their five-month relationship, defendant and the victim frequently engaged in a variety of sexual acts, including intercourse and oral copulation. The victim disclosed the relationship during a counseling session with her therapist. The therapist reported the information to the San Jose Police Department. The police department's investigation led to the charges at issue here.
The Charges
By felony complaint filed in November 2004, the Santa Clara County District Attorney charged defendant with three criminal violations. The first two counts alleged sexual offenses against a minor: unlawful sexual intercourse with the victim, who was more than three years younger than defendant, in violation of section 261.5, subdivision (c); and oral copulation with the minor victim, in violation of section 288a, subdivision (b)(1). The third count alleged that defendant had furnished the minor victim with controlled substances, in violation of Health & Safety Code section 11353.
Change of Plea
In March 2005, defendant entered a plea of no contest to the three charges, with a negotiated prison sentence of four years and four months.
At the change of plea hearing, the court advised defendant that â€
