Luera

Defendant and appellant, David Reyes Luera, appeals from the judgment entered following his conviction, by court trial, for felony possession of child pornography (Pen. Code, §311.11, subd. (b)). Sentenced to a term of three years’ probation, he claims there was trial error.

The judgment is affirmed.

Background

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established the following.

On April 24, 1998, Officers William Dworin and Maria Elena Teague of the Los Angeles Police Department’s sexually exploited child unit, along with other officers, went to defendant Luera’s house to execute a search warrant. Dworin stayed with Luera in the living room, while Teague went into a back room that was being used as an office. There were several computers in this room. Dworin advised Luera of his Miranda rights, which Luera waived. Dworin, who had arrested Luera for possession of child pornography in 1995, explained that police had learned he was downloading child pornography from the Internet. Luera admitted he had been.

Detective Galindo, who had gone into the back…