Thursday, February 6, 2014


Original Article

Defendant Poslof appeals his jury conviction for failing to register as a sex offender in Twenty-Nine Palms, in violation of Penal Code section 290, subdivision (g)(2).1 In a bifurcated trial, the jury also found true allegations that defendant had two prior convictions for lewd and lascivious acts upon a child,2 which [24 Cal.Rptr.3d 265] qualified as serious or violent felonies,3 and had served two prior prison terms and failed to remain free of prison custody for five years.4 The trial court sentenced defendant to a total term of 27 years to life in state prison.

Defendant contends he was unaware he had an obligation to register as a sex offender in Twentynine Palms. He therefore claims there was insufficient evidence to support the trial court's finding he willfully failed to register as a sex offender in violation of section 290. Defendant also contends the trial court did not properly instruct the jury on the "willfulness" requirement and compounded the error by giving the general intent instruction, CALJIC No. 3.30.

Additionally, defendant contends the trial court abused its discretion in denying his Romero5 motion and his sentence constitutes cruel and unusual punishment under the California and United States Constitutions.

Following our earlier opinion in this case affirming the trial court judgment, the California Supreme Court granted review. The Supreme Court has transferred this case back to us with directions to vacate our earlier decision and reconsider the cause in light of its recent decision, People v. Barker (2004) 34 Cal.4th 345, 18 Cal.Rptr.3d 260, 96 P.3d 507. Having done so, we again affirm the judgment.

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