People v. Johnson

Defendant and appellant Mack Abee Johnson appeals from a judgment following a jury trial in which he was convicted of failing to register as a sex offender and a court trial in which two prior serious felony conviction allegations were found to be true. In the published portion of this opinion, we address defendant’s contention the trial court erred by failing to properly instruct the jury as to the meaning of the term “willfully.” In the unpublished portion of the opinion, we conclude defendant’s 25-year-to-life sentence does not constitute cruel and unusual punishment. We affirm.

Procedural Background

Defendant was charged by information with failing to register as a sex offender in violation of Penal Code section 290, subdivision (g)(2). It was further alleged defendant had suffered two prior serious felony convictions within the meaning of Penal Code section 1170.12. A jury convicted defendant as charged in the information. The trial court found the prior serious felony conviction allegations to be true and sentenced defendant to state prison for 25 years to life. Defendant appealed.

Facts

Pursuant to Penal Code section 290, those individuals convicted of certain…