I have recently heard that the appeals courts, under Cunningham v. CA, have recently started to recognize the 290 registration requirement as “enhanced” punishment. I’ve heard that there are pending appeals that are taking this approach, as judges, under Cunningham, cannot enhance sentences. Does anyone know anything about this? I’m not sure I’m explaining it clearly, or that I even understand it clearly. Clarification would be appreciated.
But it is… re-gu-la… wait for it…. tory!!!
I have recently heard that the appeals courts, under Cunningham v. CA, have recently started to recognize the 290 registration requirement as “enhanced” punishment. I’ve heard that there are pending appeals that are taking this approach, as judges, under Cunningham, cannot enhance sentences. Does anyone know anything about this? I’m not sure I’m explaining it clearly, or that I even understand it clearly. Clarification would be appreciated.