People v Velasquez

8-9-2011 California:

People v. Velasquez

This is an appeal by the People, after the trial court dismissed a prosecution against defendant and respondent Robert Velasquez for violation of the sex offender registration laws. Rather, the trial court granted specific enforcement of a 1990 plea agreement, finding that the agreement did not require defendant to register as a sex offender.

The People argue that the evidence supporting the trial court's findings was flawed or insufficient, and that its enforcement of the 1990 plea agreement in this proceeding was erroneous. The People further argue that the trial court abused its discretion in dismissing the instant charge pursuant to Penal Code section 1385.1

We conclude that the trial court's factual finding, that non-registration was an essential term of defendant's 1990 plea agreement, was supported by substantial evidence. We also conclude that the court did not abuse its discretion in dismissing the instant charge. Accordingly, we affirm.