P.

I.

FACTUAL BACKGROUND

While Ramos was on parole and subject to a waiver of his Fourth Amendment

rights, his parole officer searched his car and found two video game devices with Internet

capabilities. Ramos told the parole officer he "might find multiple pornographic images"

on the devices, "some involving kids." The memory stick of one of the devices contained

four images of young girls performing fellatio on adult men and one image of a young

girl licking the breasts and touching the vulva of another young girl. The memory stick

also indicated the device had been used to access Web sites featuring child pornography.

II.

PROCEDURAL BACKGROUND

The People charged Ramos with felony possession of child pornography. (Pen.

Code, § 311.11, subd. (a).) They alleged Ramos had two prior convictions of committing

a lewd act on a child under the age of 14 years (id., § 288, subd. (a)), which constituted

strikes under the Three Strikes law (id., §§ 667, subds. (b)-(i), 1170.12); and a prior

conviction of a drug offense (Health & Saf. Code, § 11377, subd. (a)), for which Ramos

served a prison term (Pen. Code, § 667.5, subd. (b)). The People also alleged these…