Ulloa

Defendant Gustavo Orlando Ulloa was charged with two counts of sodomy of a person under age 18, in violation of Penal Code section 286, subdivision (b)(1), and five counts of oral copulation with a person under age 18, in violation of section 288a, subdivision (b)(1). A jury convicted him of one count of oral copulation with a person under age 18. Having been sentenced to state prison, he appeals.

Defendant’s primary contention on appeal is that the trial court erred in admitting into evidence America Online (AOL) instant messages seized from his home computer. In the published portion of the opinion, we reject that contention. In the unpublished portion of the opinion, we consider various other contentions and find them to be meritless.

1. Facts

The minor, then age 15, testified that he met defendant in mid-1999 by chatting with him through AOL instant messages. Defendant lived in the same neighborhood, and the minor met him about two months later. According to the minor, they immediately began a sexual relationship.

Although the minor testified to various acts of oral copulation and anal sex, defendant was only convicted of one count of oral copulation during the…