AD1 orders new SORA hearing because the prosecution failed to timely raise points-allocation issue
At Johnny J’s registration proceeding, the prosecution contended that the Board properly scored 15 points under risk factor 1 for use of violence causing physical injury “[b]ased upon the nature of the charge to which defendant pled guilty.” At the hearing itself, however, the prosecution made an entirely new argument asking for risk-factor-1 points on an accessorial-liability theory. Over defense counsel’s objection, the court accepted the prosecution’s theory and determined Mr. J was a level-two offender. AD1 disagreed, ordering a new hearing because the defense had been denied adequate notice. CAL attorney Phoenix Rice-Johnson represented Mr. J on appeal.