P. v. OConnor
On October 5, 2004, Robert O'Connor entered a negotiated guilty plea to oral copulation with a minor under 18 years of age. (Pen. Code, 288a, subd. (b)(1).) O'Connor waived his right to a jury trial on sentencing issues. (See Blakely v. Washington (2004) 542 U.S. 296.) The court sentenced him to prison for the two year middle term and ordered him to register as a sex offender. ( 290, subd. (a)(1)(A).) O'Connor appealed and Court dismissed the appeal because he had not filed a certificate of probable cause. The Supreme Court granted review and transferred the case to this court for reconsideration in light of People v. Hofsheier (2006) 37 Cal.4th 1185 (it is a denial of equal protection for a court not to exercise discretion whether to order a defendant in O'Connor's position to register as a sex offender). After the case was transferred to this court, Court considered O'Connor's opening brief on appeal as a petition for a writ of habeas corpus and issued the writ, remanded it, and ordered the trial court to exercise its discretion to determine whether to order O'Connor to register as a sex offender. (In re Robert Lewis O'Connor (July 12, 2006, D048887) [nonpub. opn.].) On remand, the trial court reviewed the entire file, including a renewed probation report, and found O'Connor committed the crime because of sexual compulsion and for the purpose of O'Connor's sexual gratification and that he was a danger to society - particularly to minors. The court ordered O'Connor to register as a sex offender.
The judgment is affirmed.
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