People v. Jeys CA5

Filed 6/7/21 P. v. Jeys 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081349 Plaintiff and Respondent, (Fresno Super. Ct. No. F20901440) v.

CARTHELL DAVID JEYS, OPINION Defendant and Appellant.

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

* Before Franson, Acting P.J., Meehan, J. and De Santos, J.

INTRODUCTION Appellant and defendant Carthell David Jeys pleaded no contest to possession of child pornography (Pen. Code, § 311.11, subd. (b))1 and was sentenced to the second strike term of four years in prison. 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).) We affirm. FACTS2 On October 22, 2017, defendant was housed at Coalinga State Hospital.3 At 4:00 a.m., a staff member was checking rooms and noticed defendant had fallen asleep on his bed, the television was on, and the remote control was in his hand. The television was showing images of naked minors. Officers with the hospital’s police department responded to defendant’s room, observed the video, and seized several electronic and portable drives while he was still asleep. At 4:15 a.m., the officers woke up defendant and questioned him about the video images on the television. Defendant said he had been watching season seven of “Game of Thrones.” The officers showed him a receipt for the items they had seized from his room, and defendant acknowledged those were his belongings. When advised about what the officers had seen on the video, defendant denied watching child pornography.

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2 The facts are from the police report, which the parties stipulated to as the factual basis for defendant’s plea, as summarized in the probation report. 3 In 1992, defendant was convicted of three counts of committing lewd and lascivious acts on a minor under the age of 14 years (§ 288, subd. (a)) and was sentenced to 20 years in prison. In 2003, he was paroled, and then committed to Atascadero State Hospital as a mentally disordered sex offender. In 2008, he was committed to Coalinga State Hospital as a mentally disordered sex offender.