People v. Fragoso CA2/2

Filed 2/7/24 P. v. Fragoso CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B328692

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA017817) v.

RUDY ANTHONY FRAGOSO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Andrew C. Kim, Judge. Reversed.

Law Office of Janice M. Belluci and Janice M. Belluci for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Gabriel Bradley, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Rudy Anthony Fragoso challenges the denial of his petition for termination of sex offender registration. He asserts the trial court’s conclusion—that continuing his registration would significantly enhance community safety—lacks substantial evidence. We agree and reverse.

BACKGROUND Fragoso began sexually abusing his stepdaughter when she was seven years old. The abuse continued until she was almost 18, despite her numerous pleas for him to stop. Though Fragoso told his stepdaughter to keep the abuse a secret and to take that secret to her grave, she eventually reported the abuse. In 1993, Fragoso was arrested and pleaded no contest to violating Penal Code section 288, subdivision (a), by engaging in lewd acts upon a child under age 14.1 He was sentenced to state prison for three years and required to register as a sex offender for life. In 2022, Fragoso petitioned to terminate his sex offender registration. The superior court denied his petition and ruled that appellant may not file another petition for two years. Fragoso filed a timely notice of appeal.