People v. Boswell CA5

INTRODUCTION

Defendant Justin Scott Boswell was sentenced to eight years in custody pursuant to a plea bargain in which he pleaded no contest to one count of possession of child pornography. Appellate counsel for defendant raises no claims of error in briefing here, and requests that we independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant did not file any supplemental letter or briefing with this court. Because no certificate of probable cause was obtained from the trial court, we must dismiss the appeal. While doing so, we also direct the clerk of the trial court to correct a clerical error contained on the abstract of judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The complaint in this matter, which was filed in August 2021, charged defendant with one count of possession of child pornography on or about September 14, 2017 (Pen. Code,1 § 311.4, subd. (d)). Additionally, the complaint alleged four strikes pursuant to section 667 against defendant based on prior convictions for lewd or lascivious acts with a child under the age of 14 pursuant to section 288 occurring in November 1999, which required him to register as a sex offender. Defendant…