People v. Hansen CA3

Filed 12/16/21 P. v. Hansen CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C093948

Plaintiff and Respondent, (Super. Ct. No. 20CF02707)

v.

DWAYNE LOREN HANSEN,

Defendant and Appellant.

Appointed counsel for defendant Dwayne Loren Hansen filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm the judgment.

1

BACKGROUND Our recitation of the facts is derived from the probation report and Butte County Sheriff’s Office report No. 20-03450, to which defendant stipulated to as the factual basis for his plea. On May 29, 2020, a Butte County sheriff’s deputy contacted defendant and his wife near their motorhome at a boat launch in Oroville; the motorhome had an expired registration. Defendant admitted they possessed marijuana and consented to the deputy entering the motorhome to retrieve the marijuana. After marijuana and drug paraphernalia were located, defendant consented to a search of the motorhome and deputies located nunchakus, children’s underwear, and a second methamphetamine pipe. Given defendant’s status as a sex offender who was required to register and the presence of children’s underwear in the motorhome that defendant admitted using to masturbate, a deputy asked defendant for consent to search his electronic devices. Defendant admitted he possessed child pornography on a cellphone located in the bedroom of the motorhome. Defendant then fled on foot after telling the deputies they needed a warrant; he was subsequently detained. After obtaining a search warrant, a forensic analysis of defendant’s electronic devices located over 1,000 images and 62 videos of child pornography. In June 2020, defendant was charged with possession of sadomasochistic child or youth pornography (Pen. Code, § 311.11, subd. (c)(2); count 1),1 possession of over 600 images of child or youth pornography (§ 311.11, subd. (c)(1); count 2), possession of child or youth pornography (§ 311.11, subd. (a); count 3), possession of a nunchaku (§ 22010; count 4), possession of methamphetamine with a prior conviction that requires