People v. Green CA4/3

Filed 6/30/25 P. v. Green CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063910

v. (Super. Ct. No. RIF2205655)

LACEY KARY GREEN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Riverside County, Walter H. Kubelun, Judge. Affirmed in part, reversed in part, and remanded with directions. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette

C. Cavalier and Emily Reeves, Deputy Attorneys General, for Plaintiff and Respondent. * * * After a jury convicted defendant Lacey Kary Green on four counts involving unlawful sexual related behavior with a minor, the trial court sentenced him to an aggregate determinate prison term of three years and four months. Green contends the court erred by subjecting him to unlawful multiple punishment in violation of Penal Code section 654.1 We find no merit in Green’s challenge to the sentence on two of the counts. In contrast, the Attorney General concedes, and we agree, two of the counts could not be separately punished because they were based on the same acts, intent, and objectives. Accordingly, we vacate the sentence and remand the case for resentencing. FACTS

Prior to the events leading to his conviction, Green created a user profile on an online dating platform called “MeetMe.” The profile included his picture and listed him as being 39 years old. One day, Green sent a message on MeetMe to a profile with the name of Destiny. Unbeknownst to him, law enforcement created and controlled the profile. Destiny was listed as being 18 years old and the picture associated with the profile was of a 12- to 14-year-old girl. In response to Green’s message, Destiny identified herself as 13 years old and said she was on MeetMe to meet friends. The two exchanged some additional messages over the course of an hour and then exchanged phone numbers. Shortly thereafter, Green reached out to Destiny via text message saying he