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PEOPLE v. MOSLEY

No. G038379.

188 Cal.App.4th 1090 (2010)

116 Cal. Rptr. 3d 321

THE PEOPLE, Plaintiff and Respondent, v. STEVEN LLOYD MOSLEY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

September 29, 2010.

Attorney(s) appearing for the Case

Allison H. Ting, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr., and Angela M. Borzachillo, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

IKOLA, J.—

We revisit defendant Steven Lloyd Mosley, who a jury acquitted of any sexual offense. The jury found him guilty only of misdemeanor assault. Yet the court ordered defendant to register as a sex offender based upon its own factual findings about his motivations—facts not proved beyond a reasonable doubt to the jury.

In a prior opinion, we held the facts supporting imposition of discretionary sex...

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