People v. Jackson CA2/6

Filed 12/14/20 P. v. Jackson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B303129 (Super. Ct. No. 18F-04137) Plaintiff and Respondent, (San Luis Obispo County)

v.

JOSHUA STEVEN JACKSON,

Defendant and Appellant.

Joshua Steven Jackson appeals a judgment following his conviction for possession of matter depicting a minor engaging in sexual conduct with a prior conviction (Pen. Code,1 § 311.11, subd. (b)) (count 1), and possession of matter depicting a minor engaging in sexual contact with more than 600 images (id., subd. (c)) (count 2). Jackson admitted he had three prior strike convictions under the “Three Strikes” law in 2003, which included two convictions for lewd acts with a child under 14 years

1 All statutory references are to the Penal Code.

of age (§ 288, subd. (a)) and a conviction for continuous sexual abuse of a child (§ 288.5). The trial court imposed a 25-years-to-life sentence on count 1 and it stayed the term on count 2. We conclude, among other things, that: 1) the trial court did not abuse its discretion by declining to strike any of his three prior strike convictions, and 2) it did not err by imposing a $5,000 restitution fine. (§ 1202.4, subd. (b).) We affirm. FACTS On May 10, 2018, Sheriff’s Detective Spencer Garrett interviewed Jackson. Garrett had obtained information from Google that child pornography was on Jackson’s computer account. Jackson admitted that the computer account that Google had identified was his. Child pornography was found on Jackson’s cell phone and his laptop computer. Garrett testified at the preliminary hearing that on Jackson’s phone there were “8,000 images.” He said, “I approximated about 90 percent of them were depictions of children in sexually suggestive poses. And most of the children were nude.” The children’s ages ranged between three years old and 17 years old. On Jackson’s laptop there were between 40,000 to 50,000 pictures “of children in sexually explicit poses and images.” There were videos of child pornography. Jackson was arrested and charged with two child pornography possession counts. (§ 311.11, subd. (b) (count 1); id., subd. (c) (count 2).) After pleading no contest to both counts, Jackson filed a request to dismiss his prior strike convictions. The trial court denied the request.