California Supreme Court

The People, Plaintiff and Respondent v. Steven Lloyd Mosley, Defendan — Liu, J., Concurring in Part and Dissenting…

March 2, 201560 Cal. 4th 1044

Summary

In this concurring and dissenting opinion, Justice Liu would have held that the residency restriction applies to all registered sex offenders, including nonparolees, and that its applicability should have been decided before reaching constitutional issues. She further concluded that the restriction is punitive in effect and that the judge's factual findings triggering it violated the jury-trial rule because those facts increased punishment beyond the jury's verdict. She agreed that the separate sex-offender registration order remained valid.