Federico

Following a jury trial, defendant and appellant Joseph Gene Federico was convicted of attempting to commit a lewd act with a child under the age of 14 (Pen. Code, 1 §§ 288, subd. (a), 664; count 1) and attempting to send harmful matter to a minor with the intent of seducing the minor (§§ 288.2, subd. (b), 664; count 2). Defendant admitted he had a prior strike conviction for manslaughter with the use of a firearm (§ 192) within the meaning of sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1). He was sentenced to prison for a total term of six years eight months. He appeals.

I. PROCEDURAL BACKGROUND AND FACTS

In January 2006, the Riverside County Sheriff’s Department conducted a sting operation in Mira Loma aimed at catching a sexual predator who was preying on a young girl through the Internet. The sheriff’s department was contacted by Perverted Justice. 2 Perverted Justice volunteers pose on the Internet as children and wait for adults who are soliciting sexual activity from children to contact them.

Beginning the first week of December 2005, a volunteer of Perverted Justice, Susan Elder (Elder), posed as a young girl, “Missie,” with a profile…