People v. Contreras
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Contreras was charged with rape and forcible oral copulation but was convicted only of misdemeanor battery (Pen. Code 242) as a lesser included offense of the rape charge. The trial court placed him on probation and exercised its discretion to require him to register as a sex offender, finding the battery was committed for the purpose of sexual gratification.
The court of appeal affirmed, rejecting arguments that the trial court abused its discretion by failing to state sufficient reasons for requiring him to register as a sex offender under section 290.006 and in ordering registration because there was “no evidence” he was likely to re-offend and erred in relying on the results of his pre-sentencing sex offender risk assessment in ordering registration. The defense had a meaningful opportunity to object at the sentencing hearing that the trial court did not adequately state reasons for requiring registration under section 290.006; by not doing so, the defense forfeited the argument. There was evidence Contreras was likely to re-offend. He scored a “4” on the STATIC-99R, which placed him in the “above average risk” category for reoffending.
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