People v. Long CA4/1

INTRODUCTION

A jury found Charles Russell Long guilty of committing a forcible lewd act on a

minor (Pen. Code, § 288, subd. (b)(1); count 1),1 attempting a lewd act on a minor

(§§ 288, subd. (a), 664; count 2), showing harmful material to a minor (§ 288.2, subd. (a);

counts 3 & 4), contacting a minor with the intent to commit a lewd act (§ 288.3, subd. (a);

counts 5 & 6), possessing child pornography (§ 311.11, subd. (a); counts 7-9), and

distributing child pornography (§ 311.1, subd. (a); counts 10 & 11). Long pled guilty to

possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 12). The

court sentenced Long to an aggregate term of 20 years, which included the upper term of

four years for count 2 as the principal count, and a consecutive upper term of 10 years for

count 1 (§ 667.6, subd. (c)).

On appeal, Long contends: (1) there was insufficient evidence to support his

conviction for committing a forcible lewd act on a minor (count 1); (2) he was wrongly

convicted of multiple counts of possession of pornographic images under section 311.

because they were found in one location even though they were contained on multiple

electronic devices;…