Yohner v. Cal. Dept. of Justice
Annotate this CaseTerrence Yohner filed this action in an attempt to prevent the California Department of Justice from listing his name and information concerning a sexual offense that he committed, on its Megan's Law Internet Web site. Yohner was convicted for committing a lewd act on his stepgranddaughter. Statutory law mandated that the Department post information concerning sex offenders and their crimes on an Internet Web site. The statute also provides that if certain criteria are met, a victim's parent, stepparent or grandparent could receive an exclusion. Yohner filed an application for exclusion from the Department's Web site which was ultimately denied. The Department reasoned that because Yohner was the victim's stepgrandparent, rather than her grandparent, he was not eligible for the exclusion. Yohner then filed a petition for writ of mandate in the trial court in which he requested that the trial court direct the Department to exclude him from the Web site. The trial court denied the petition. On appeal, Yohner claimed that the trial court erred in interpreting the exclusion provided in the statute. After review, the Court of Appeal found no reversible error, and affirmed the trial court's judgment.
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