The People v. Mason
Opinion
Opinion
Johnson, J.
Appellant Tyrone Mason challenges his conviction for failure to register as a sex offender. He argues reversal is required because the trial court committed prejudicial instructional error, there is insufficient evidence to support the conviction, and that the lifetime registration requirement violates his right to equal protection, due process and privacy and constitutes cruel and unusual punishment. We conclude that prejudicial instructional error requires reversal.
PROCEDURAL BACKGROUND
By amended information, Mason was charged with one count of committing corporal injury upon a cohabitant (Pen. Code, § 273.5, subd. (a)) and one count of failing to register as a sex offender (§ 290, subd. (b)). The information also alleged two prior convictions: a 1996 conviction for spousal rape (§ 262, subd. (a)(1)) and a 2004 conviction for failure to register as a sex offender (§ 290, former subd. (a)(1)(D)). (§ 667.5, subd. (b).) The spousal rape conviction was also alleged as a “strike” under the “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Mason pleaded not guilty and denied all allegations.