People v. Brun

In People v. Brun (1989) 212 Cal. App. 3d 951, the defendant pleaded no contest to possessing methamphetamine for sale in violation of section 11378. (212 Cal. App. 3d at p. 952.) He was placed on probation with the condition that he register under section 11590, even though at that time a conviction under section 11378 was not a listed offense. (Id. at p. 953.) Despite the defendant's acceptance of the condition of probation, the Court of Appeal struck the registration requirement on the ground that "its imposition exceeded the statutory authority of the trial court." (Id. at p. 954.) Applying the "long-standing rule of statutory construction that the expression of certain things in a statute necessarily involves exclusion of other things not expressed," the court stated: "In section 11590 the Legislature has expressed an intent to differentiate between different drug-related crimes and to require registration only for designated ones. Had the Legislature intended to require all drug offenders to register, it could have drafted the statute to accomplish that purpose. The sentencing court is therefore not free to impose registration under section 11590 for convictions of crimes not listed in the statute. If it were otherwise, every sentencing court could nullify the Legislature's decision to treat convictions for different crimes in a different manner.. . .. . . The trial court could not subject defendant to these specific statutory obligations and disabilities under section 11590 where the Legislature, by its omission of defendant's crime from section 11590, has manifested an intent that registration is not required." (Id. at pp. 954-955.)