People v. McClellan

*385KENNARD, J., Dissenting.

I join the dissenting opinion of Justice Mosk in all respects but one. Justice Mosk concludes that defendant is entitled to withdraw his guilty plea or to specific performance of the negotiated terms of the plea bargain. (Dis. opn. of Mosk, J., ante, at p. 384.) I cannot agree.

Specific performance of the plea bargain negotiated in this case would allow defendant after a conviction for assault with intent to commit rape to avoid registration as a sex offender under Penal Code section 290. Because section 290 makes registration as a sex offender mandatory for a person convicted of assault with intent rape, I would hold that the only remedy available for defendant is withdrawal of the guilty plea. (See In re Moser, ante, 342, at p. 366 [24 Cal.Rptr.2d 723, 862 P.2d 723] (dis. opn. of Kennard, J.).)

Appellant’s petition for a rehearing was denied January 20, 1994. Mosk, J., and Kennard, J., were of the opinion that the petition should be granted.