Opinion
A121698
9-19-2008
THE PEOPLE, Plaintiff and Respondent, v. ALEX KERR, Defendant and Appellant.
Not to be Published
Defendant appeals from a judgment entered on his plea. His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)
Defendant entered a plea of no contest to one count of felony possession of child pornography (Pen. Code, § 311.11, subd. (a)), and was sentenced to the mitigated term of 16 months in state prison. The charges against defendant arose from his possession of a collection of images of young girls. Defendant used a laptop computer issued to him during the course of his employment with the County of San Mateo to download thousands of sexually explicit images of young girls. During a search of his home, some 75 compact discs containing thousands of images depicting the genitalia of prepubescent females, and numerous photographs and videos of young girls (some under the age of 10), engaged in sexual activity with adult males and with other children, were located.
All further section references are to the Penal Code. Fourteen additional counts of a violation of section 311.11, subdivision (a) were dismissed as part of a negotiated disposition.
As defendant waived preliminary hearing, this summary of the pertinent underlying facts is taken from the probation report.
Defendant was advised of his constitutional rights prior to the entry of his plea, as well as the consequences of his plea. The court found his plea to be free and voluntary, and that there was a factual basis for it. No error appears in the entry of the plea, or in the sentencing proceedings. Defendant was represented by counsel at all times. There are no meritorious issues to be argued on appeal.
Neither the completed plea form nor the reporters transcript of the plea was included in the record on appeal. On our own motion we ordered the record augmented with both.
The judgment is affirmed.
We concur:
Ruvolo, P. J.
Rivera, J.