Poslof

1. Introduction

Defendant Lonnie Lee Poslof appeals his jury conviction for failing to register as a sex offender in Twentynine Palms, in violation of Penal Code section 290, subdivision (g)(2). In a bifurcated trial, the jury also found true allegations that defendant had two prior convictions for lewd and lascivious acts upon a child, which qualified as serious or violent felonies, and had served two prior prison terms and failed to remain free of prison custody for five years. 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 Romero motion and his sentence constitutes cruel and unusual…