In re Alva 5/31/01 CA2/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B142625

Case Date: 05/31/2001

Preview:Filed 5/31/01; (appendix not available electronically)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

In re LEON CASEY ALVA, on Habeas Corpus.

B142625 (Super. Ct. No. 7CR02216) (Patti Jo McKay, Judge)

ORIGINAL PROCEEDING; petition for writ of habeas corpus. Writ denied. Steven T. Flowers for Petitioner. James K. Hahn, City Attorney, Debbie Lew, Assistant City Attorney Supervisor, and Candice I. Horikawa, Deputy City Attorney for Real Party in Interest.

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PROCEDURAL HISTORY This matter comes before us by order of our Supreme Court, directing us to issue an order to show cause limited to the issue of whether the registration required by Penal Code section 2901 constitutes cruel and unusual punishment under either the Eighth Amendment of the United States Constitution or article I, section 17 of the California Constitution. Section 290 requires convicted sex offenders to register every California residence they have with the local police chief or sheriff. Registration is required annually, even if there is no change in residence, and registration is required for life. If, however, a person required to register for a violation of section 311.11, subdivision (a), receives a certificate of rehabilitation, the registration requirement can be eliminated. (See

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