People v. Sample
200 Cal. App. 4th 1253
| Cal. Ct. App. | 2011Background
- Sample was convicted by a jury of multiple offenses including three counts of possession of child pornography, two counts of identity theft, several burglary-related counts, and related enhancement allegations.
- The three child pornography counts arose from images found on two computers and a removable hard drive; the jury convicted on counts 19, 20, and 21.
- The People concede Sample could be properly convicted of only two of the three possession counts, based on where/when possession occurred.
- Sample’s prior Florida burglary conviction was admitted via exhibits and a transcript of the Florida proceedings, including a no contest plea to burglary of a structure and a six‑month sentence.
- The trial court found the Florida conviction qualified as a California prior strike; the court relied on the Florida factual basis for that finding.
- The appellate court held two of the three possession convictions were proper and reversed the count tied to the removable hard drive, because the two valid counts involved separate possession acts at different times/locations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether multiple possession counts may survive where possession occurred at different times/locations | People: two separate possessions at backpack and storage shed justify two counts | Sample: only one count permitted for simultaneous possession | Two counts proper; reversal of third count (hard drive) |
| Whether Sample's Florida burglary conviction qualifies as a California strike | People: record shows structure entry with theft intent; qualifies as a strike | Sample: record insufficient to prove California elements of first degree burglary | Sufficient evidence to qualify as a California strike |
| Whether the Florida prosecutor’s factual recital can be used as an adoptive admission to support the strike finding | People: recital admissible as adoptive admission under Evidence Code 1221 | Sample: recital unreliable or not an adoptive admission | Recital supported as adoptive admission; proper consideration in strike analysis |
Key Cases Cited
- People v. Hertzig, 156 Cal.App.4th 398 (Cal. Ct. App. 2007) (simultaneous possession of multiple items may be one offense)
- People v. Manfredi, 169 Cal.App.4th 622 (Cal. Ct. App. 2008) (two types of possession in same location can be single offense; container approach rejected)
- People v. Von Latta, 258 Cal.App.2d 329 (Cal. Ct. App. 1968) (possession offenses at different times/locations are separate convictions)
- People v. Miles, 43 Cal.4th 1074 (Cal. 2008) (look behind conviction record to determine California strike eligibility)
- People v. Riel, 22 Cal.4th 1153 (Cal. 2000) (record of conviction review for strike qualification)
- People v. Roberts, 195 Cal.App.4th 1106 (Cal. Ct. App. 2011) (prosecution recital at plea may be adoptive admission under certain circumstances)
- Sohal, 53 Cal.App.4th 911 (Cal. Ct. App. 1997) (adoptive admission analyzed in plea context)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (Alford plea allowed with a factual basis for the plea)