Cajina

Luis Alberto Cajina appeals his conviction by jury trial of failure to complete his annual registration as a sex offender and failure to register within five days of changing his address. (Pen. Code, § 290, subd. (a)(1)(A) & (D). ) The key issue in the case was not whether he failed to register, but whether that failure was willful pursuant to section 290, subdivision (g)(2). On this issue, he asserts instructional error.

Prior to trial, appellant sought to exclude evidence of the nature of the prior conviction giving rise to his duty to register as a sex offender by offering to stipulate that he had suffered a conviction that subjected him to the registration requirements. He argued his status as a sex offender thereby became irrelevant. The trial court rejected his offer. In the unpublished portion of our opinion, we address the claim of instructional error; in the published portion, we reject his claim of evidentiary error.

BACKGROUND

DISCUSSION

I., II.

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III. Nature of Prior Conviction

Appellant contends the court erred in denying his motion in limine to delete any mention of his status as sex offender to the jury.

Prior to jury selection, the court heard…