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PEOPLE v. FELARCA

No. H018080.

88 Cal.Rptr.2d 587 (1999)

The PEOPLE, Plaintiff and Appellant, v. Abelardo Naya FELARCA, Defendant and Respondent.

Court of Appeals of California, Sixth District.

Rehearing Denied September 3, 1999.

Review Denied November 10, 1999.

Attorney(s) appearing for the Case

Eleanor Kraft, Under Appointment by the Sixth District Appellate Program, for Respondent.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Thomas A. Brady, Deputy Attorney General, John H. Deist, Deputy Attorney General, for Appellant.

MIHARA, J.

Defendant Abelardo Felarca pled guilty to unlawful sexual intercourse with a person under 16 (former Pen.Code, § 261.5, subd. (d))1 and oral copulation with a person under 16 (§ 288a, subd. (b)(2)). The trial court sentenced defendant to two years in state prison. We agree with the People's contention on appeal that the trial court erred in finding that sex offender registration under section 290 constituted cruel...

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