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Name: People v. Hertzig
Case #: C053674
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/24/2007
Summary

Simultaneous possession of multiple images of child pornography constitutes only one violation of Penal Code section 311.11 (possession child pornography). Appellant was convicted of ten counts of violating section 311.11 as a result of his possession of a laptop computer with 30 different pornographic videos involving children. On appeal, he argued that this constituted but one crime. Agreeing with appellant, the court analyzed this issue by relying on authority from other types of possession cases, i.e. simultaneous possession of blank checks (People v. Bowie (1977) 72 Cal.App.3d 143; weapons People v. Puppilo (1929) 100 Cal.App. 559 and People v. Rowland (1999) 75 Cal.App.4th 61; drugs in prison People v. Rouser (1997) 59 Cal.App.4th 1065), and held that there was only one violation and reversed nine of the ten multiple convictions.