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2014-Feb-18
Tiffany Watches Shop granted the motion

Lifetime requirement to register as sex offender not eliminated (click here) when felony conviction reduced to misdemeanor Over about a one month period in late 2006, defendant brian roger kennedy engaged in a sexually explicit internet conversation with an undercover san jose police officer.Kennedy believed the other half of his conversation was 13 years old and named"Tiffany. "Kennedy sent"Tiffany"A picture of his erect penis, as well as videos and webcams of himself masturbating.He also communicated with her via instant messaging and e-Mail. When he arranged to meet with her, police officers arrested him at the designated meeting spot.Kennedy also had one-Tenth of an ounce of cocaine in his pocket. Kennedy wAs chArged with Attempted lewd or lAscivious Acts on A child under 14(PenAl code §§ 664,288(A)), Attempted distriBution And exhiBition of hArmful mAtter to A minor By electronic mAil, the Internet or A commerciAl online source(PenAl code § 664,288.2(B)), A"Wobbler,"And possession of A controlled substAnce(HeAlth And sAfety code § 11350(A)). As pArt of A pleA deAl, the288(A)ChArge wAs dismissed And kennedy pled guilty to the288.2(B)And 11350(A)Charges. He wAs plAced on five yeArs of formAl proBAtion And ordered Kennedy http://www.getoutofthemud.com/tiffany-bracelets.html to register As A sex offender under PenAl Code §290. ABout two years later, kennedy filed a motion under penal code § 17(B)(3)For an order reducing the 288.2 offense from a felony to a misdemeanor.The trial court Tiffany Watches Shop granted the motion. About onE yEar latEr, in 2010, kEnnEdy filEd anothEr motion, this timE for an ordEr tErminating his sEx offEndEr rEgistration rEquirEmEnt, which is othErwisE a lifEtimE rEquirEmEnt.ThE trial court dEniEd this motion, claiming pEnal codE § 17(E)Barred any change in the lifetime registration requirement. Kennedy then appealed to the six appellate district.In an opinion filed on may 4, 2011(People v.Kennedy(2011 DJDAR 6377)), the Appellate District affirmed the trial court's decision. " SincE dEfEndant plEd no contEst to a chargE of pEnal codE §288.2(B)As a fElony, hE was found guilty of thE chargE by thE trial court and thE lifEtimE rEgistration rEquirEmEnt attachEd. Citing to a2004 casE, GEBrEmicaEl v.California com.ThE court also ExaminEd thE lEgislativE history of 17(E)And found that the committee on public safety specifically addressed this issue and stated that the lifetime requirement could not be lifted, even when a felony was reduced to a misdemeanor. So while kennedy could find some relief in not being a convicted felon, he could not escape a lifetime registration requirement as a sex offender until and if tiffany uk:http://www.getoutofthemud.com/ our legislature changes such a law. ThisCase is a reminder of how tough our sexCrime laws are and of the need to beCareful in how one enters into a plea bargain.C.Kirk

 

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