People v. Elsey CA3

Filed 10/22/25 P. v. Elsey CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C100424

Plaintiff and Respondent, (Super. Ct. Nos. 23F1209, 23F4095) v.

LESTER PAUL ELSEY II,

Defendant and Appellant.

Appointed counsel for Lester Paul Elsey II asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Our review of the record revealed that the abstract of judgment omits a sex offender fine that the trial court orally imposed during sentencing. We will order the trial court to issue a corrected abstract of judgment and affirm the judgment. BACKGROUND In February 2023, officers searching Elsey’s home found ammunition and 28 firearms. Multiple victims told law enforcement officers that Elsey had sexually assaulted them when they were minors.

1

In case No. 23F1209, Elsey was charged with five counts of committing a lewd or lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (a); counts 1-5), two counts of committing a lewd or lascivious act on a child aged 14 or 15 (§ 288, subd. (c)(1); counts 6-7), 28 counts of being a felon in possession of a firearm (§ 29800, subd. (a); counts 8-35), and one count of being a felon in possession of ammunition (§ 30305, subd. (a)(1); count 36).1 Multiple aggravating circumstances were also alleged. (Cal. Rules of Court, rule 4.421.) In case No. 23F4095, Elsey was charged with 11 counts of committing a lewd or lascivious act on a child under the age of 14 (§ 288, subd. (a); counts 1-5, 8-13), two counts of committing a lewd or lascivious act on a child aged 14 or 15 (§ 288, subd. (c)(1); counts 6-7), and six counts of committing oral copulation on a child under the age of 14 (former § 288a, subd. (c)(1); counts 14-19). An aggravating circumstance was also alleged. (Cal. Rules of Court, rule 4.421.) It was further alleged that Elsey was subject to sentencing under section 667.61, subdivision (e)(4) because he committed offenses against more than one victim. In September 2023, Elsey pleaded guilty to counts 1 through 34 in case No. 23F1209. In case No. 23F4095, he pleaded guilty to counts 1 through 3, 9, and 10. The remaining counts in both cases were dismissed with a waiver under People v. Harvey (1979) 25 Cal.3d 754. Elsey stipulated to an aggregate prison sentence of 45 years 4 months, as follows: (1) in case No. 23F1209, eight years (the upper term) on count 1, two years (one-third the middle term) consecutive on each of counts 2 through 5, and eight months (one-third the middle term) consecutive on each of counts 6 through 34; and (2) in case No. 23F4095, two years (one-third the middle term) consecutive on each of counts 1 through 3, 9, and 10.