People v. Shepherd CA5

INTRODUCTION

Appellant William Charles Shepherd, Sr., was convicted at the conclusion of a bench trial of the possession of an image of a minor engaged in sexual conduct (Pen. Code, § 311.11, subd. (a)).1 Appellant was placed on probation for three years. As a condition of his probation, the trial court prohibited appellant from being in the company of minor children unless a responsible adult approved by the probation officer is present. Appellant challenges the sufficiency of the evidence to sustain his conviction for the knowing possession or control of child pornography. Although he concedes that the images on his computer depict child pornography, appellant denies he knowingly possessed the images. Appellant further contends that the probation condition prohibiting him from being in the company of minors unless accompanied by an approved adult must be modified to include a knowledge requirement. We affirm, but order a modification to the probation condition.

FACTS

On June 29, 2009, while investigating a separate matter involving appellant, Modesto Police Detective Robert Rodenburg seized a computer from the garage of appellant’s residence. Appellant confirmed the computer…