BAY POINT -- A state appellate court has cleared the way for convicted sex offender Charles Christman to move into a Bay Point residence under a conditional release program.

Last month, San Francisco Superior Court Judge Garrett Wong ordered Christman's conditional released to a Willow Pass Road residence on or before Tuesday.

The appellate court on Thursday declined to overturn Wong's order in response to a request made by Contra Costa Deputy District Attorney Derek Butts.

In an email Monday, the prosecutor said he does not believe he can obtain a stay to prevent Wong's order from taking effect, but is considering taking the matter to the state Supreme Court for further review.

Christman, 69, was an El Cerrito residence when arrested in 1989 on charges of committing a lewd act with a young boy under the age of 14. He was later found guilty of that act and six similar counts from the early 1980s in San Francisco and served time in state prison and later Coalinga State Hospital.

His conditional release was first granted in February 2012 after Christman completed a program with Liberty Healthcare, but he was unable to find a place to live in Contra Costa County. Two Bay Point attorneys, Anthony Ashe and Araceli Ramirez, made their Willow Pass cottage available for Christman to live in response to a request made by Liberty Healthcare. Ashe said on Monday that Christman has not yet arrived at the residence.

Under the terms of his release, Christman will be required to wear an ankle monitor with a GPS that alerts Liberty Healthcare if he enters a school or park area and will receive outpatient therapy, said his attorney Pam Herzig.

Contact Eve Mitchell at 925-779-7189. Follow her on Twitter.com/EastCounty_Girl.