People v. Sipes CA5

INTRODUCTION

Defendant Jeffrey Todd Sipes appeals his convictions for various child molestation offenses against Jane Doe in the years between 1991 and 1997, and seeks review of issues pertaining to two counts of child pornography possession to which he pleaded no contest prior to trial. Following a bench trial, defendant was convicted of nonforcible lewd or lascivious acts against a child under the age of 14 years (Pen. Code, § 288, subd. (a) (section 288(a) or § 288(a)); count 4);1 forcible lewd or lascivious acts against a child under the age of 14 years (§ 288, subd. (b); count 3); forcible rape (§ 261, subd. (a)(2); count 5); and sexual penetration of a minor 14 years of age or older (§ 289, subd. (a); count 9). Prior to the trial, defendant pleaded no contest to possession of child pornography (§ 311.11, subd. (a) (section 311.11(a) or § 311.11(a)); count 1), and to possession of child pornography with aggravating circumstances (§ 311.11, subd. (c)(1) (section 311.11(c)(1) or § 311.11(c)(1)); count 2). 2 At sentencing, the trial court imposed fully consecutive six-year middle terms for each conviction under counts 3, 4, 5 and 9 (§§ 261, subd. (a)(2), 264, 288(a) & (b), 289,…