People v. Culpepper CA3

Filed 1/30/25 P. v. Culpepper CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C100266

Plaintiff and Respondent, (Super. Ct. Nos. 18CF07475, 21CF05399, 23CF00583) v.

KELLEN ANTHONY JASON CULPEPPER,

Defendant and Appellant.

Appointed counsel for defendant Kellen Anthony Jason Culpepper asks this court to review the record in three cases and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) In reviewing the record, we identified an erroneous statement in the reporter’s transcript, which we deem to be of no effect, as detailed below. Finding no other arguable errors that would result in a disposition more favorable to defendant, we affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND In 2018, a school counselor contacted authorities to report that defendant had sent a student a sexually explicit photograph of himself via social media. As the investigation progressed, officers learned of multiple instances of similar contact between defendant and other students. The prosecution charged defendant in case No. 18CF07475 (No. 475) with 17 counts of contacting a minor for a sexual offense, 37 counts of distributing pornography to a minor, and one count of attempted distribution of pornography to a minor. Defendant pled no contest to the 37 counts of distribution and the single count of attempted distribution. The trial court granted defendant probation. In July 2019, defendant admitted to violating his probation by terminating his participation in the sex offender therapy program. The trial court revoked probation and then ultimately reinstated it in January 2021. In October 2021, the prosecution charged defendant in case No. 21CF05399 (No. 399) with failing to update his sex offender registration. Defendant’s probation in case No. 475 was revoked. In November 2022, defendant pled no contest to failure to update his registration in case No. 399. In January 2023, defendant sent a 17-year-old victim a photograph of his penis and arranged to meet with her. The prosecution charged defendant in case No. 23CF00583 (No. 583) with contacting a minor for a sexual offense, arranging a meeting with a minor for lewd purposes as a registered sex offender, and distributing pornography to a minor. Defendant pled no contest to contacting a minor for a sexual offense and arranging a meeting with a minor for lewd purposes as a registered sex offender. In case No. 475, the trial court sentenced defendant to: (1) two years (the middle term) for one of the distribution convictions; (2) eight months (one-third the middle term) for the other 36 distribution convictions; and (3) four months (one-third the middle term) for the attempted distribution conviction. In case No. 399, the trial court sentenced defendant to eight months (one-third the middle term) for failing to update his