P. v. Dean
Michael Dean was convicted of attempting to send harmful messages to a minor (counts 1-5; Pen. Code, 664 & 288.2, subd. (b)), and attempting to commit a lewd act on a child (count 6; 664 & 288, subd. (a)). He was placed on five years of formal probation with 180 days in county jail.
The evidence showed that on numerous dates in June and July of 2004, appellant used his computer to send sexually graphic e-mails and photographs to a person he thought was a 13-year-old girl named Hailey. He was actually communicating with two male police detectives who were pretending to be Hailey as part of a sting operation investigating sexual abuse of children through computers. Appellant was arrested when he arrived at the Los Angeles Zoo on July 22, 2004, for a prearranged meeting with Hailey.[2] Counts 1 through 5 were based on his sending pornographic photos on specific days. Count 6 was based on the combination of the Internet communications, his showing up at the zoo, and certain physical evidence that was found in his truck and home computer. Appellant contends: (1) There was insufficient evidence to support his conviction on count 6. (2) For counts 1 through 5, the trial court should have instructed on a lesser included offense. (3) Some of the items of physical evidence were erroneously admitted.
Court find no error and affirm.
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