People v. Robinson CA5

Filed 7/14/21 P. v. Robinson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081762 Plaintiff and Respondent, (Tulare Super. Ct. No. VCF392656) v.

JOHN ALLEN ROBINSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Ricky Tripp, Nathan G. Leedy, and Jennifer Conn Shirk, Judges.† Andrea L. McCann, 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 Detjen, J. † Judge Tripp presided over the arraignment; Judge Leedy presided over the preliminary hearing setting; Judge Shirk presided over the change of plea and sentencing hearings.

INTRODUCTION Appellant and defendant John Allen Robinson pleaded no contest to felony possession of child pornography and was placed on probation. 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. FACTS1 In February 2019, federal law enforcement authorities began an investigation of defendant because he purchased child pornography from a particular website that was also being investigated. On February 6, 2020, federal and state officers executed a search warrant at defendant’s residence. They seized laptop computer that contained images and videos of child pornography. Defendant admitted that he possessed and purchased child pornography, and “he had spent a couple thousand dollars on child pornography from various websites over the past seven years.” PROCEDURAL BACKGROUND On February 10, 2020, a complaint was filed in the Superior Court of Tulare County that charged defendant with one count of felony possession of child pornography (Pen. Code, § 311.11, subd. (a)).2 On June 5, 2020, defendant pleaded no contest to the charge. The parties stipulated to a factual basis for the plea, based on the law enforcement reports in the court’s file. On September 10, 2020, the court conducted the sentencing hearing. Defense counsel requested the court treat the offense as a misdemeanor because defendant had no