California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry

by Douglas Ankney

The Court of Appeal of California, Second Appellate District, held that a defendant convicted in 1985 of lewd and lascivious acts, California Penal Code § 288(a), is entitled to removal from the sex offender registry notwithstanding the fact that if convicted under current law he would be required …