California v. BoothAnnotate this Case
Defendant Ryan Booth was convicted of: five counts of sexual penetration of a child 10 years old or younger (counts 2, 3, 5, 7, & 10); three counts of oral copulation of a child 10 years old or younger (counts 1, 4, & 6); five counts of preparing pornographic images of a minor (counts 8, 11, 12, 13, & 14); one count of possessing child pornography (count 9); and one count of sexual exploitation of a child (count 15). As to count 9, the jury found it to be true that defendant possessed more than 600 images and 10 or more images involving a prepubescent minor or a minor under 12 years old. Defendant was sentenced to a determinant term of 8 years 4 months, plus an indeterminate term of 120 years to life. Defendant raised two issues on appeal: (1) the trial court erroneously believed it had no discretion to run the section 288.7 (sexual penetration and oral copulation) sentences concurrently; and (2) section 311.4 did not apply to what he did. Finding no reversible error, the Court of Appeals affirmed the trial court's judgment.