P. v. Sanchez

Filed 5/31/06 P. v. Sanchez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from a judgment of the Superior Court of Orange County, Richard W. Stanford, Judge. Affirmed.

Mark S. Devore, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, William M. Wood and Adrianne S. Denault, Deputy Attorneys General, for Plaintiff and Respondent.

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Arturo Sanchez, Jr. appeals from the judgment sending him to prison for eight months[1] after a jury convicted him of duplicating obscene material with the intent to distribute it to others, attempted exhibition of harmful material via the internet to a minor with the intent to seduce and misdemeanor possession of child pornography. (See Pen. Code §§ 288.2, subd. (b), 311.1, subd. (a), 311.11, subd. (a), 664.) On appeal, he contends the trial court erred in its instructions on the elements of attempted distribution of lewd material to a minor with the intent to seduce, the evidence was insufficient to sustain that conviction and trial counsel rendered ineffective assistance by failing to request a modification to the court's instruction. We affirm.

FACTS

Anaheim Police Officer Brian McElhany conducted an undercover sting operation designed to intercept pedophile predators who use the internet to seduce minors. He engaged in conversation with various internet users via chat rooms for that purpose. One such chat room, titled â€