Manfredi

The trial court granted, without leave to amend, the demurrer of respondent Eric Manfredi (defendant) to numerous counts of possession of child pornography (Pen. Code, § 311.11), finding that the discovery of multiple images of child pornography in defendant’s home could not be fragmented into multiple counts. The People appeal, arguing that the trial court abused its discretion when it granted the demurrer without leave to amend because the complaint alleged a separate piece of physical media as to each count. A reading of the statute and relevant cases concerning possession offenses convinces us that the statute is ambiguous and must be resolved in favor of defendant’s argument that his simultaneous possession of multiple child pornography materials at the same location is chargeable as but one criminal offense under that specific statute. Accordingly, we affirm.

Procedural and Factual Background

A warrant was obtained to search defendant’s home. During the search, officers found child pornography on defendant’s computer. The computer and several discs were seized. The computer and discs contained numerous images of sexual acts with young boys. A second search was…