Nicholls

After being convicted, on a no contest plea, of three counts of lewd and lascivious conduct upon a child under the age of 14 (Pen. Code, § 288, subd. (a)), three misdemeanor counts of annoying/molesting a child (§ 647.6, subd. (a)), and five misdemeanor counts of possession of child pornography (§ 311.11, subd. (a)), defendant John Dale Nicholls II, appeals from the trial court’s denial of his motion to traverse and quash a search warrant and suppress child pornography evidence. (§ 1538.5, subd. (m) [authorizing review of suppression issues despite guilty plea].) Defendant argues probable cause was lacking, and material information was omitted from the application for the warrant. We shall affirm the judgment but shall modify it to reflect an additional day of custody credit, a point conceded by the People.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged with three counts of lewd and lascivious conduct upon a 10-year-old child (§ 288, subd. (a)), three misdemeanor counts of annoying or molesting the same child (§ 647.6, subd. (a)), and five misdemeanor counts of possession of child pornography (§311.11, subd. (a)).

The victim was defendant’s 10-year-old…