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Plea agreements and penal code 290

Laguna Beach, CA |

I just found a case in the court of appeal 1st district case# a127878. He signed a plea agreement in 1997, where at the time he could maybe relived the duty to end his pc 290. but the law change to where he couldn't be relived of his pc 290. The court of appeal agreed with him and order he can end his pc 290. But the attorney general filed a review petition at the supreme court. There is another case john doe v. harris that is the same type of case. I think the supreme court will put a hold on case#a127878 people v. jerry z. in til john doe v. harris is resolved. If that's ture when should I get a lawyer? I also signed a plea agreement in 1997,,

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Attorney answers 2

Posted

I wouldn't expect that People v. Jerry Z. would be taken up for review by the Supreme Court. It is a very different situation than John Doe v. Harris. The court in Jerry Z. noted that Doe v. Harris was being decided in the Supreme Court and still went on to issue its opinion on the very different issue being discussed in that case. There are some similarities between the two cases, that are relevant to you. Both cases only apply to those cases where there is evidence that the defendant would not have pled guilty if there wasn't an opportunity to get off of sex offender registration at some point. In order for Jerry Z. to apply to you, you must have been convicted of an offense, such as 288.5, that allowed for 1203.4 dismissal and Certificate of Rehabilitation at the time you pled, but does not anymore AND you must have some proof that you that you would not have pled guilty if those remedies would not be available to you. If you think that is the case, you should act now and not wait on Doe v. Harris, unless the circumstances of Doe v. Harris apply to you (you pled guilty before there was a Megan's law website AND you have some proof that you relied on that fact in making your decision to plead guilty). So, if you want to try to fight this, contact a good attorney in your area and discuss your case with that attorney. Good luck to you.

Asker

Posted

What kind of proof do you mean? I looked at the PC 290 in 1997 and printed it from the internet. When I looked at the PC 290 in 1997 I read the whole thing. After reading PC 290 I agreed to the terms. I still have the printed copy of PC 290 with the date when I printed it.

David Jon Pullman

David Jon Pullman

Posted

First of all, what offense did you plea to? Second, what registration requirement with regard to your offense has changed since the time you entered the plea? Third, did you have any discussion with your attorney, the District Attorney, or the judge that would indicate that you were relying on the old law in deciding whether to take the plea or not? In both Doe v. Harris and Jerry Z. there was evidence that the defendant had received assurances that he would not be publicized (Doe v. Harris) or be able to get off registration after 10 yrs. (Jerry Z.) and that the defendant relied on those assurances when making the plea and would not have plead otherwise.

Asker

Posted

PC 664/288(a). The changes were Pc 290.5,and c of r. I remember reading the pc 290 in 1997 and highlighted the pc 290.5 and the c of r. also My attorney at the time has passed away, but I have a copy of the bill that my lawyer sent to me and on the list he looked at pc 290.5 and did research on that issue. I had my case dissmised 1203.4 in feb 2011

David Jon Pullman

David Jon Pullman

Posted

Okay, that's at least something. So you need to file a motion with a declaration stating that this was a very important concern for you and you would not have pled guilty if you weren't assured by your lawyer that you could get your Certificate of Rehabilitation and get off registration. Attach as an exhibit the bill from the attorney, pointing out that PC 290.5 was researched. This isn't as good of proof as the defendant had in Doe v Harris or Jerry Z., but it is worth a shot. If there was any discussion on the record about Certificate of Rehabilitation or relief from registration, that would also support your motion. Good luck to you.

Asker

Posted

will a court transcript work. There was no discussion about the pc 290.5 or c of r in open court between me and the DA, but it shows that I had a private talk between me and my lawyer. At the time I was concern about the police telling the neighborhood I was a sex ofender, my lawyer said no the other question was about the pc 290

David Jon Pullman

David Jon Pullman

Posted

If the court transcript shows that you had a break in the plea procedure to discuss something with your attorney and your declaration states that the conversation was about you not wanting to take the plea because you were concerned about lifetime registration but your lawyer allayed your anxieties, by telling you that you could get a certificate of rehabilitation that would relieve you of the registration requirement, I would say that would be very good evidence to support your motion.

Asker

Posted

The judge ask me if I had any question, I sad well maybe then the judge said to talk to my lawyer. I talked to my lawyer and when I was done then the judge ask me again do I have any question and I said no.

Asker

Posted

My conversation was between me and my lawyer the judge didnt know what it was about nor did my lawyer say anything to him about are conversation

Posted

You need to contact an attorney to take a closer look at your situation. If you can't afford an attorney call the public defender's office to discuss your situation. (714) 834-2144.