People v. Boswell CA5

Filed 3/13/26 P. v. Boswell 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F089071 Plaintiff and Respondent, (Super. Ct. No. F21906417) v.

JUSTIN SCOTT BOSWELL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. William Terrence, Judge. Elisa A. Brandes, under appointment by the Court of Appeal, for Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Peña, J. and Meehan, J.

INTRODUCTION Defendant Justin Scott Boswell was sentenced to eight years in custody pursuant to a plea bargain in which he pleaded no contest to one count of possession of child pornography. Appellate counsel for defendant raises no claims of error in briefing here, and requests that we independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant did not file any supplemental letter or briefing with this court. Because no certificate of probable cause was obtained from the trial court, we must dismiss the appeal. While doing so, we also direct the clerk of the trial court to correct a clerical error contained on the abstract of judgment. FACTUAL AND PROCEDURAL BACKGROUND The complaint in this matter, which was filed in August 2021, charged defendant with one count of possession of child pornography on or about September 14, 2017 (Pen. Code,1 § 311.4, subd. (d)). Additionally, the complaint alleged four strikes pursuant to section 667 against defendant based on prior convictions for lewd or lascivious acts with a child under the age of 14 pursuant to section 288 occurring in November 1999, which required him to register as a sex offender. Defendant ultimately agreed to a plea deal in which he would admit to a prior strike and be sentenced to double the middle term of section 311.11, subdivision (b), for a total sentence of eight years. He was granted 2,365 days of time credits and ordered to pay a restitution fine of $2,400 (§ 1202.4), an additional restitution fine of $2,400 if parole were to be ordered and later revoked (§ 1202.45), a $500 fine (§ 290.3), a courtroom security fee of $40 (§ 1465.8, subd. (a)(1)), and a $30 assessment fee (Gov. Code, § 70373. Defendant was also ordered to submit to collection of DNA and other biometric identification material, and to register as a sex offender.