People v. Littlefield CA3

Filed 8/2/16 P. v. Littlefield CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C076644

Plaintiff and Respondent, (Super. Ct. No. NCR85487)

v.

OCEAN SUNFLOWER LITTLEFIELD,

Defendant and Appellant.

Defendant Ocean Sunflower Littlefield appeals following his conviction for arranging and going to a meeting with a minor for lewd and lascivious purposes (Pen. Code, § 288.4, subd. (b); unless otherwise set forth, statutory references that follow are to the Penal Code), contacting a minor with intent to commit sexual offenses (§ 288.3, subd. (a)), and unlawful possession of a controlled substance, psilocybin mushrooms (Health & Saf. Code, § 11377, miscited by the parties as Health & Saf. Code, § 11594 [registration of controlled substance offenders]).

1

Defendant contends the trial court erred (1) by modifying a CALCRIM jury instruction that would have required the jury to find defendant intended to commit a lewd act at that meeting, and (2) by imposing a concurrent sentence for Count 2, execution of which should have been stayed under section 654. We conclude any instructional error was harmless, and the trial court did stay execution of sentence on Count 2 under section 654.

FACTS AND PROCEEDINGS

In 2012, defendant, age 37, placed a classified ad on Craigslist stating, “Young teacher seeking younger student.” In November 2012, law enforcement investigator Eric Clay responded under the invented name and persona of Trinity Jones, a high school student who lived with her mother. They e-mailed back and forth. Clay sent a photograph of “Trinity.” Defendant discussed the book “Fifty Shades of Grey,” about a young woman who interviews an older man who then gives her a sexual education. Defendant asked if “Trinity” was over 18, adding, “If not it’s ok, just limits a little bit what we can do in the course of your education. Are you ready for an interview?” “Trinity” said she was “almost 16” and asked about the education and what he meant by “limits.” Defendant replied, “Limitations have to do with what we can do with each other in the eyes of the law. Of course I don’t expect any problems in that arena, but it’s something to be aware of. Because, you see, I am proposing a highly sexual education for you, and there might be a time when you want more than would be allowed . . . simply because you are . . . under 18, and I am over 21. A little research will clarify that. Think of it this way: if someone found out what we were doing together, and they were not happy about it, they could potentially get me into real trouble and you might be hopeless [sic] to stop that. A little research will clarify this point. [¶] That being, said, as for your education . . . I would like to help you learn about the pleasure and joy that is the gift of your body. Ultimately, to feel and be touched, and to touch and feel. To be