P. v. Martinez
Convicted by a jury of committing dozens of counts of sex crimes against a child under 10 years old, and sentenced to a determinate prison term of 10 years eight months consecutive to an indeterminate prison term of 335 years to life, defendant Michael Shane Martinez appeals his determinate term convictions on five counts of possessing child pornography.
Defendant contends his simultaneous possession of multiple pornographic images violate a single code section—Penal Code section 311.11, subdivision (a) (hereafter section 311.11(a))—and constitutes only one offense. (See People v. Hertzig (2007) 156 Cal.App.4th 398, 403 (Hertzig).) The People agree that under the circumstances of this case, defendant can be convicted of only one count of possessing child pornography, and that his determinate sentence should be reduced accordingly. We also agree, and shall order four of defendant’s five convictions of possessing child pornography stricken, and remand the matter for resentencing.
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