P. v. Nuno
An information, dated June 9, 2010, charged Joseph Michael Nuno with two counts: (1) meeting a person he believed to be a minor for lewd purposes (Pen. Code, § 288.4, subd. (b))[1]; and (2) possessing matter depicting a minor engaging in sexual conduct (§ 311.11, subd. (a)). According to the preliminary hearing transcript, Nuno communicated with an undercover police detective, whom he believed to be a 14‑year‑old girl, in a chat room for more than a month, arranged to meet her and came to the meeting place. A consensual search of Nuno’s computer and cellular telephone revealed sexually explicit content and images of underage girls, which the detective believed to constitute child pornography. On December 21, 2010, Nuno pleaded no contest to the charge under section 288.4, subdivision (b). On February 16, 2011, the trial court dismissed the remaining count, suspended imposition of sentence and placed Nuno on formal probation for five years. As conditions of probation, the court directed that Nuno serve one year in the county jail and upon release to maintain residence as approved by his probation officer and to keep his probation officer advised of his residence at all times.
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