California Court of Appeal

Conviction of defendant for attempting to send harmful matter to a minor with the intent to seduce the minor and sentence to three years of probation with the conditions that the defendant serve 270 days in custody of a sheriff on weekends and register as a sex offender are affirmed where: 1) trial court did not err in instructing the jury on section 313.1(a) as there was no substantial evidence that defendant committed only the lesser offense and not the greater; 2) because the critical element between the lesser offense and the greater offense was not disputed, it is not reasonably probable that the jury would have found defendant guilty of only the lesser offense; and 3) trial court did not err in denying defendant's motion to suppress the evidence related to the Yahoo! chat dialogues because the communications were not "confidential communications" and therefore not protected by section 632.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

Court

• California Court of Appeal

Counsel