Sample

INTRODUCTION

A jury convicted Julius Allen Sample of three counts of receiving stolen property (Pen. Code, § 496, subd. (a)), 1 two counts of identity theft (§ 530.5, subd. (a)), three counts of possessing child pornography (§311.11, subd. (a)), six counts of residential burglary (§§ 459, 460) and one count of burglary (§ 459). The jury also found true allegations that another person, other than an accomplice, was present during five of the residential burglaries (§ 667.5, subd. (c)(21)). In addition, the trial court found true allegations Sample had a prior serious felony conviction and a prior strike conviction (§§ 667, subds. (a)(1), (b)-(i), 1170.12). The trial court sentenced Sample to an aggregate term of 42 years four months in prison.

Sample appeals, contending there is insufficient evidence to support three separate convictions for possession of child pornography. He also contends there is insufficient evidence his prior Florida burglary conviction qualified as a prior strike conviction under California law.

The People concede Sample could only be convicted of two of the three counts of possession of child pornography, and we reverse the judgment as to one of…