How has the court treated a motion to reduce a sexual assault conviction to a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Johnson, C072730 (Cal. App. 2015):

Before sentencing, defendant filed a motion to reduce his conviction to a misdemeanor and a motion to preclude mandatory sex offender registration. On November 2, 2012, during the sentencing hearing, the trial court granted the motion to reduce defendant's conviction to a misdemeanor but denied the motion to preclude sex offender registration. The court ruled that it was required to impose section 290 sex offender registration pursuant to People v. Kennedy (2011) 194 Cal.App.4th 1484. The court then ordered that imposition of judgment and sentence be suspended and placed defendant on probation for three years. Additionally, the court ordered that defendant serve 360 days in the county jail and recommended work furlough. The court ordered that defendant register as a sex offender pursuant to section 290. The court order also informed defendant that after completing a period of probation and successfully petitioning the court to allow him to withdraw his plea, he could then "petition the court for a certificate of rehabilitation and pardon upon completion of the requirements of Penal Code section 4852.01."

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