April 04, 2011, 14:32
xochitlconviction or adjudication? Register for life or 10 years? HELP!
Hi y'all...I have a defendant that was placed on determinate probation for aggravated sexual assault of a child as a juvenile, transferred to district court, placed on probation in district court, then revoked and sent to the adult pen. He's now charged with one count of failure to register, two counts of sexual assault of a child and one count of indecency. My questions are: is he required to register for life or ten years post release? And is he now enhanceable to manditory life? Thanks in advance!
April 04, 2011, 15:31
Robert S. DuBoiseAbsent certification--my thought would be that you have a juvenile adjudication and not a "conviction".
Accordingly, the registration period would be 10 years as the registration resulted from a juvenile adjudication.
As this is a juvenile adjudication, PC 12.42(f) would preclude you from using this adjudication to enhance the punishment to mandatory life under PC 12.42(c)(2).
It might be 10 years. See CCP art. 62.101(b).