People v. Lopez CA4/1

INTRODUCTION

Gerald Lopez, a high school teacher in his 50s, began an indecent relationship with a female student the summer before she turned 17 and started her senior year. Over the next year, before she turned 18, their relationship progressed to physical touching and an exchange of over 8,000 text messages, many sexually charged and accompanied by suggestive photographs the student took of herself and sent to Lopez. The San Diego County District Attorney’s Office prosecuted Lopez with 26 counts that included sending harmful matter to a minor with the intent of

seduction (Pen. Code,1 § 288.2, subd. (a)), contacting a minor with the intent to commit a sexual offense (§ 288.3, subd. (a)), arranging an illicit meeting with a minor (§ 288.4, subd. (b)), misdemeanor child molestation (§ 647.6, subd. (a)(1)), and possession of child pornography (§ 311.11, subd. (a)). A jury convicted Lopez on the possession of child pornography count and the misdemeanor child molestation count, but acquitted him of the remaining 18 counts and hung on five counts which were then dismissed. During trial, the prosecution dismissed one count. On appeal, Lopez asserts the evidence was insufficient to…