Apr. 11, 2023 – People v. Thai (4th Dist., Div. 3, G060963)

The Court of Appeal holds that the trial court abused its discretion by denying appellant’s petition for termination from the sex offender registry. The court finds that the prosecution failed to establish that “community safety would be significantly enhanced,” as required under PC 290.5(a)(2) and (a)(3), by requiring appellant to continue to register. The court explains that the facts of appellant’s 24-year-old offense alone did not demonstrate that appellant, a 64-year-old man, was a present risk to the community, especially considering that he had not suffered any other convictions since then.