The Second Appellate District Court today issued a decision reversing a trial judge’s decision to deny a petition filed on behalf of a California person required to register. As a result of this decision, the trial court judge must grant that petition which will in turn terminate the person’s requirement to register.
“Today’s decision is the third appellate court decision reversing a trial court judge’s decision to deny a petition,” stated ACSOL Executive Director Janice Bellucci. “In all three decisions, the appellate court found that the District Attorney failed to meet its burden, that is, to prove that the registrant poses a current threat to society.”
In today’s decision, the court noted that the registrant was convicted due to acts that took place more than 30 years ago. The court also noted that the registrant has been a law abiding citizen after his release from prison 27 years ago. Further, the court noted that the DA failed to provide evidence tending to show a significant risk that defendant was likely to reoffend.
The name of today’s decision is People v. Fragoso and its appellate case number is B328692. A copy of that decision can be found in the link below.
The trial court decision that was reversed today was issued by Los Angeles Superior Court Judge Andrew Kim on December 13, 2022. Today’s decision is not to be published in official reports.
Prior decisions in which appellate courts overturned trial court decisions denying a petition are People v. Franco, issued on January 25, 2024, and People v. Thai, issued on April 20, 2023. Both the Franco and Thai decision have been certified for publication.