People v. Reilly CA6

California Court of Appeal Dec 10, 2025 No. H052692MUnpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that a conviction for violating Penal Code section 288.4 constitutes a tier three sex offender registration offense under the statute, regardless of whether the conviction is a misdemeanor or a felony, thereby rendering the defendant ineligible for termination of his registration requirement.

Issues

Whether a misdemeanor conviction under Penal Code section 288.4 qualifies as a tier one or tier three sex offender registration offense under Penal Code section 290.

Disposition. affirmed

Quotations verified verbatim against the opinion

“A person convicted of violating section 288.4 must register as a tier three offender.”

“We therefore conclude that a section 288.4 misdemeanor conviction is a tier three offense regardless of the level of violation.”

“Because the plain language of section 290 classifies all section 288.4 convictions as tier three offenses requiring lifetime registration, the trial court did not misinterpret the law or abuse its discretion”

Filed 12/9/25 P. v. Reilly CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052692 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2407729)

v. ORDER MODIFYING OPINION NO CHANGE IN JUDGMENT TIMOTHY REILLY,

Defendant and Appellant.

Due to clerical error in the initial filing of the opinion in this matter, two typographical errors require correction. The court therefore orders that the opinion filed December 8, 2025, be modified as follows, without change in the judgment:

To eliminate redundant text, the first sentence in the third paragraph on page 3 is deleted and replaced with the following sentence: Section 290, subdivision (c) lists the offenses that require registration as a sex offender and section 290, subdivision (d) sets forth criteria for the three registration tiers.

To eliminate an unnecessary article, the first sentence in the first full paragraph on page 4 is deleted and replaced with the following sentence: The language of section 290 is clear.

Dated: ___________ ____________________________________ Grover, Acting P. J.

____________________________ Lie, J.

____________________________ Kulkarni, J.

H052692 The People v. Reilly

 Judge of the Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Filed 12/8/25 P. v. Reilly CA6 (unmodified opinion) NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

People v. Reilly CA6

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

More from California Court of Appeal

Related research

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

TIMOTHY REILLY,

AI Brief