People v. Smyth

Filed 1/24/24 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Glenn) ----

THE PEOPLE, C097934

Plaintiff and Respondent, (Super. Ct. No. 22CR17324)

v.

CLIFFORD JAMES SMYTH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Glenn County, Donald Cole Byrd, Judge. Affirmed.

Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill and Erin Doering, Deputy Attorneys General, for Plaintiff and Respondent.

1

Clifford James Smyth appeals from the trial court’s order denying his Penal Code section 290.5 petition for termination from the California sex offender registry.1 Smyth is not registered as a sex offender in California. In support of his petition, he submitted evidence that he is currently registered in Oregon, where he resides. On appeal, he argues the denial of his petition must be reversed because the requirement that a petition be filed in the county where the individual is registered is contrary to legislative intent, absurd, and violates equal protection. We affirm the order. I. BACKGROUND Section 290 requires persons convicted of certain specified sex crimes to register as sex offenders with local law enforcement as long as they reside, attend school, or work in California. (§ 290, subds. (b), (c); People v. Mosley (2015) 60 Cal.4th 1044, 1048.) The statute “ ‘is intended to promote the “ ‘state interest in controlling crime and preventing recidivism in sex offenders’ ” ’ [citation] and serves ‘an important and vital public purpose by compelling registration of many serious and violent sex offenders who require continued public surveillance.’ ” (Johnson v. Department of Justice (2015) 60 Cal.4th 871, 877.) Until recently, the obligation to register was lifelong. (Wright v. Superior Court (1997) 15 Cal.4th 521, 527.) “Commencing January 1, 2021, Senate Bill No. 384 (2017-2018 Reg. Sess.) [(Senate Bill No. 384)] . . . restructured the sex offender registration requirement, establishing three tiers of registration for sex offenders, primarily based on the offense of conviction, for periods of at least 10 years (tier one), at least 20 years (tier two), and life (tier three). (Stats. 2017, ch. 541, § 2.5; see § 290, subd. (d).)” (People v. Thai (2023) 90 Cal.App.5th 427, 432 (Thai).) Senate Bill No. 384 “established procedures for a person to seek termination from the sex offender registry if