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DE LA CERDA v. SUPERIOR COURT

No. F082783.

75 Cal.App.5th 40 (2022)

MATTHEW JAMES DE LA CERDA, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

February 14, 2022.

Attorney(s) appearing for the Case

Law Office of Rick Horowitz and Rick Horowitz for Petitioner.

No appearance for Respondent.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Julie A. Hokans and Eric L. Christoffersen , Deputy Attorneys General, for Real Party in Interest.

OPINION

INTRODUCTION

The writ petition before us concerns Penal Code section 311.11, subdivision (c),1 and whether that statutory provision constitutes substantive offenses or an alternate penalty provision. Section 311.11(a), defines the offense of child pornography possession...

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