People v. Clark CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The underlying facts of defendant’s crimes come from the probation report, which the parties stipulated formed the factual basis for defendant’s pleas. The facts and procedure relevant to defendant’s claim on appeal are set forth in the discussion section.

Case No. 22CF06029

On December 3, 2022, during a traffic stop, police officers found a cell phone on the front seat of the vehicle defendant was driving. Officers knew that defendant was on parole and subject to search, including search of his cell phone. Officers obtained the password to the phone from defendant’s girlfriend, who confirmed defendant used the phone. A forensic evaluation of the phone revealed evidence showing defendant (1) possessed firearms and attempted to trade them, (2) violated section 290 registration requirements, and (3) sent sexual videos to females who identified themselves as 17 years old before the videos were sent. A complaint deemed an information charged defendant with contacting minors for a sexual offense (§ 288.3, subd. (a); counts 1 and 2); distributing or showing pornography to a minor (§ 288.2, subd. (a)(2); count 3); possession of a firearm by a felon…