People v. Pardue CA5

Filed 10/17/24 P. v. Pardue CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE, F086694 Plaintiff and Respondent, (Super. Ct. No. BF181810A) v.

BRIAN PARDUE, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. John R. Brownlee, Judge. Lori A. Quick, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

On July 3, 2020, defendant Brian Pardue exchanged sexually explicit messages with a law enforcement officer who was posing as a minor. On July 5, 2023, defendant was convicted by a jury of attempting to communicate with a minor with the intent to commit a sexual offense (count 1) and arranging a meeting with a person he believed to be a minor for the purpose of committing a sexual offense (count 2). Defendant argues that substantial evidence did not support his conviction on count 2. The People disagree. We agree with defendant and reverse the conviction on count 2. PROCEDURAL HISTORY On March 17, 2021, the Kern County District Attorney filed an information charging defendant with attempting to communicate with a minor with the intent to commit a sexual offense (Pen. Code, § 288.3;1 count 1); and arranging a meeting with a person he believed to be a minor for the purpose of committing a sexual offense (§ 288.4, subd. (a)(1); count 2). On July 5, 2023, a jury found defendant guilty on both counts. He was sentenced on August 2, 2023. As to count 1, the imposition of the sentence was suspended, and defendant was granted probation for a term of two years. One of the conditions of probation was that defendant serve the first year of his probationary period in jail. As to count 2, a misdemeanor, defendant was sentenced to a concurrent term of one year in jail. On August 7, 2023, defendant timely filed a notice of appeal. FACTUAL SUMMARY The Prosecution’s Case J. Newell, a sergeant with the Kern County Sheriff’s Office, created a decoy profile on a friendship and dating application for adults. Newell used the name “Sydney,” set the age to 18 or 19, and attached pictures of a young woman.