People v. Richardson

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.]

In this case, we discuss a number of issues arising out of the convictions of a 36-year-old man who used Internet chat rooms to solicit sex with 13-year-old girls. A jury convicted defendant Michael Richardson of sending or exhibiting harmful matter to a minor (count 1; Pen. Code, § 288.2 , subd. (b); undesignated section references are to the Penal Code); attempting to commit a lewd act with a child under 14 (count 2; §§ 288, subd. (a), 664); annoying or molesting a minor (count 4; § 647.6, subd. (a)); and possessing methamphetamine (count 5; Health Saf. Code, § 11377 , subd. (a)). The jury hung on count 3 (annoying or molesting a minor), and the trial court declared a mistrial on that count. The trial court sentenced defendant to a total state prison term of five years four months, consisting of four years (the upper term) on count 2, eight months consecutive on count 1, and eight months consecutive on count 5, with a six-month concurrent term on count 4. Defendant contends: (1) Insufficient evidence supports his conviction on count 1 because…