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LOZADA v. SOUTH CAROLINA LAW ENFORCEMENT

No. 27076.

395 S.C. 509 (2011)

719 S.E.2d 258

Jose LOZADA, Appellant, v. SOUTH CAROLINA LAW ENFORCEMENT DIVISION, Respondent.

Supreme Court of South Carolina.

Decided December 12, 2011.

Rehearing Denied January 11, 2012.

Attorney(s) appearing for the Case

Shawn M. Campbell , Kenneth P. Shabel , Campbell & Shabel, of Spartanburg, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Attorney General David Spencer , Office of the Attorney General, of Columbia, for Respondent.

Justice HEARN.

Jose Lozada appeals the circuit court's order denying his petition for declaratory judgment seeking to be removed from the Sex Offender Registry. Lozada argues that the crime to which he pled guilty in Pennsylvania—unlawful restraint—is not a "similar offense" to the crime of kidnapping in South Carolina. He accordingly contends that he should not be required to register as a sex offender for unlawful restraint

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