Holford

People v. Holford

Bad Law
136 Cal. Rptr. 3d 713·2012 Cal. App. LEXIS 121·203 Cal. App. 4th 155
Court of Appeal of CaliforniaJanuary 10, 2012No. C063540California13,776 words

Opinion

Lead Opinion

Murray, J.

Defendant Curtis Holford, a registered sex offender, was convicted by jury of possession of child pornography (Pen. Code, § 311.11) for his possession of a video file on a hard drive found in his possession. Following a bifurcated hearing, the trial court found that defendant previously had been convicted of a strike offense within the meaning of the “Three *159 Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and that he had also served two prior prison terms (id.., § 667.5, subd. (b)). The trial court sentenced defendant to an aggregate term of 14 years in state prison (upper term of six years, doubled pursuant to the Three Strikes law, plus two consecutive one-year terms for the prior prison terms), and imposed other orders.

On appeal, defendant contends (1) the trial court abused its discretion under Evidence Code section 352 1 and also violated his constitutional rights by allowing the jury to view the entire 25-minute video file because, as defendant now contends, there were evidentiary alternatives to showing the jury the entire video file and (2) the trial court further violated his constitutional rights by allowing defendant’s daughter to testify about…

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