P. v. Darrett
A jury found defendant and appellant Raynard Vincent Darrett guilty of failing to register as a sex offender (Pen. Code, 290, subd. (a)(1)(C)(i), count 1)[1]and failing to update his annual sex offender registration ( 290, subd. (a)(1)(D),[2]count 2). Defendant admitted he had a prior strike conviction for committing a lewd act upon a child in violation of section 288, subdivision (a) ( 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and stipulated that such conviction required lifetime sex offender registration. The trial court sentenced him to a total term of four years in state prison, which consisted of two years on count 2, doubled because of the strike conviction, plus a 180-day county jail term on count 1, which the court ordered to run concurrent to the term on count 2. On appeal, defendant contends that 1) the trial court gave an overly broad jury instruction on count 2, which relieved the prosecution of its burden to prove he was a resident of California, and 2) there was insufficient evidence to prove he willfully failed to register as a sex offender in counts 1 and 2. In evaluating this case, we discovered other issues, which we asked the parties to address in supplemental briefing. Court will address those issues along with the issues raised by defendant. Ultimately, Court reverse the conviction in count 2 for insufficient evidence. However, Court affirm defendants conviction in count 1.
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