People v. Rudd CA5

Filed 9/9/15 P. v. Rudd 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068434 Plaintiff and Respondent, (Fresno Super. Ct. No. F12909339) v.

RONALD RAY RUDD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan Conklin, Judge. Kendall Dawson Wasley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Franson, J.

INTRODUCTION Appellant/defendant Ronald Ray Rudd, committed to Coalinga State Hospital, was found in possession of an external drive connected to his television, which contained multiple child pornography videos. After a bench trial, he was convicted of felony possession or control of child pornography (Pen. Code, § 311.11, subd. (b)),1 with three prior strike convictions. He was sentenced to the third strike term of 25 years to life. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant has filed a letter brief and requests this court address certain issues. We affirm. FACTS On March 21, 2012, defendant was a patient at Coalinga State Hospital. He was housed in a four-person room which was divided by partitions. Defendant lived in the front right section of the room. Around 7:00 p.m., Denise Martin, a psychiatric technician, advised another patient to take his medication. The patient told Martin to look at the television on the right side when she entered the room where defendant was housed. Martin went to the room and saw defendant lying on his bed. He was facing the television. Martin looked at the television, and it was showing a child performing an act of oral copulation on an adult. Martin left the room and called for another staff member. Martin and a coworker entered defendant’s portion of the room. Martin believed defendant was watching a pornographic DVD, and she told defendant they needed the DVD. Defendant was unresponsive and might have been asleep. Martin repeated the request. Defendant said, “No. I just need to erase it. It is not a DVD.” Martin repeatedly demanded defendant produce the DVD. Defendant finally turned off a small