People v. Mosley
Annotate this CaseDefendant engaged in conduct that led to a charge of committing a lewd act on a child. The jury convicted Defendant of the lesser misdemeanor offense of simple assault. The sentencing court exercised its discretion to order Defendant to register as a sex offender. The order included registered sex offender residency restrictions imposed by Jessica’s Law. The Court of Appeal struck the order from Defendant’s conviction, concluding that the registration order was invalid under Apprendi v. New Jersey because the trial judge and not a jury made the predicate factual findings. The Supreme Court reversed, holding that Apprendi did not invalidate Defendant’s registration order, as (1) the post-Apprendi decision, Oregon v. Ice, stated that Apprendi has no application to sentencing decisions in which juries played no fact-finding role at common law; (2) the residency restrictions do not constitute a penalty for purposes of Apprendi; and (3) even if the residency restrictions of Jessica’s Law did require jury findings under Apprendi, there is no reason why the nonpunitive registration order should not survive in this case.
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