People v. Torres CA4/3

Filed 7/3/24 P. v. Torres CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062441

v. (Super. Ct. No. M-19701)

CARMEL PEREZ TORRES, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Michael F. Murray, Judge. Reversed and remanded with directions. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Sharon

L. Rhodes and Matthew Mulford, Deputy Attorneys General, for Plaintiff and Respondent. * * * Carmel Perez Torres appeals from an order denying his petition to terminate his sex offender registration pursuant to Penal Code section 1 290.5. The trial court concluded that continued registration would significantly enhance community safety. After reviewing the evidence, we conclude the district attorney failed to carry his burden to produce evidence proving denial of appellant’s petition would significantly enhance community safety. The trial court therefore erred in denying the petition. Accordingly, we reverse and remand with directions to grant the petition. FACTS I. Petition to Terminate Sex Offender Registration On April 28, 2022, appellant filed a form petition to terminate his sex offender registration. In his petition, he stated that he is not in custody or on parole, probation, post-conviction release, or any other form of supervised release. He further stated that he was designated as a Tier 2 - Adult registrant and has been registered for at least 20 years. The petition was served on the registering law enforcement agency, the Orange County Sheriff’s Department, and on the Orange County District Attorney. II. Law Enforcement Agency Certification In accordance with section 290.5, the Orange County Sheriff’s Department certified that (1) appellant was a Tier 2 - Adult registrant; (2) there were no pending charges against him that would extend the time to