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People v. Kent

California Court of Appeals, Fourth District, Third Division

August 27, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
DAVID NEIL KENT, Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, No. 06WF3671 Gregg L. Prickett, Judge.

Page 294

[Copyrighted Material Omitted]

Page 295

COUNSEL

Michelle C. Zehner, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

ARONSON, J.

A jury convicted David Neil Kent of possessing child pornography (Pen. Code, §311.11 subd. (a); all statutory references are to the Penal Code unless noted), attempting to distribute child pornography (§§311.2, subd. (c); § 664), and distributing child pornography (§ 311.2, subd. (c)). It also convicted him of possessing methamphetamine for sale (Health & Saf. Code, § 11378) and possessing cocaine (Health & Saf. Code § 11350).

The court imposed a sentence of three years four months, [1] but suspended execution of the sentence and placed Kent on probation under various terms and conditions, including a 365-day jail term and lifetime registration as a sex offender. We affirmed the judgment. (People v. Kent (Nov. 25, 2013, G047157) [nonpub. opn.].)

In July 2013, the probation officer filed a petition alleging Kent violated probation. In January 2014, the probation officer filed a second violation petition. The trial court found Kent violated probation and lifted the suspension of his sentence.

Kent’s appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071] (Wende). Counsel summarized the facts of the case, the procedural history, and “possible” legal issues with citations to the record and ...


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