P. v. Fallis CA3
A complaint charged defendant Dan Clayton Fallis with possession of obscene matter depicting persons under 18 (count 1; Pen. Code, § 311.10 [unless otherwise stated, statutory section references that follow are to the Penal Code]), possession of child or youth pornography (count 2; § 311.11), possession of destructive device (count 3; § 18710, subd. (a)), possession of ingredients to make a destructive device (count 4; § 18720), possession of a short-barreled rifle or shotgun (count 5; § 33210), and possession of an unconventional pistol (count 6; § 31500). Defendant pleaded no contest to counts 1 and 4 in exchange for dismissal of the remaining counts with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) and a sentencing “lid” of five years in state prison. The parties stipulated that the probation report would provide the factual basis for the plea.
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