Hobbs

I must respectfully dissent.

I am at a loss to find any portion of the majority opinion that explains in what way the minors in this case were “engag[ing] in . . . posing or modeling.” In fact, as the evidence shows, they were not. Hence, there was insufficient evidence that defendant. “promote[d], employ[ed], use[d], persuade[d], induce[d], or coerce[d]” them to engage in posing or modeling, as Penal Code section 311.4, subdivision (c) would require.

The majority’s failure to address this point cannot be ascribed to defendant’s failure to raise it. As the majority recognizes (maj. opn., ante, at p. 5), defendant argues that Penal Code section 311.4, subdivision (c) “requires that the minors be engaged in posing or modeling at the direction of the accused.” (Capitalization omitted.) This is a double-barreled argument: (1) the minors must be engaged in posing or modeling, and (2) they must do so at the direction of the accused. Defendant notes that “[tjhere has been no California decision which has construed the meaning of ‘posing’ or ‘modeling.’ ” He then argues that the trial court’s interpretation of the statute “entirely ignores the requirement of posing and modeling.” The…

Following a court trial, defendant was convicted of two counts of burglary (Pen. Code, 1 § 459) and 40 counts of violating section 311.4, subdivision (c). The court also found that defendant had suffered a *4 strike prior. (§ 667, subds. (b)-(i).) He was sentenced to prison for 10 years eight months. He appeals, contending there was insufficient evidence to support his convictions for violating section 311.4, subdivision (c). We reject his contention and affirm.

Facts 2

Defendant lived in San Diego. Via the Internet, he learned that there was going to be a girls swim meet on May 17 and 18, 2003, at Valley View High School in Moreno Valley. Somehow, he obtained many of the keys to the school, and particularly to the gymnasium afea. '

Sometime between 2:30 p.m. on May 16 and 6:00 a.m. on May 17, defendant snuck into the girls’ locker room. At one end, there was a coaches’ office that was raised slightly and equipped with large windows, so as to afford a view of most of the locker room. Defendant covered these windows with paper, and tape. He then made a small hole in the paper and set up a video camera so he could film through the hole. He used cones and caution tape,…