People v. Korwin

248 Cal. Rptr. 3d 763, 36 Cal. App. 5th 682
CourtCalifornia Court of Appeal, 5th District
DecidedMay 31, 2019
DocketD073830
StatusPublished
Cited by16 cases

This text of 248 Cal. Rptr. 3d 763 (People v. Korwin) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Korwin, 248 Cal. Rptr. 3d 763, 36 Cal. App. 5th 682 (Cal. Ct. App. 2019).

Opinion

McCONNELL, P. J.

*684I

INTRODUCTION

Anthony Robert Korwin exchanged sexually explicit messages over the course of nearly five months with a law enforcement agent who Korwin believed was a 13- or 14-year-old girl. Korwin was arrested when he arrived at a restaurant where he arranged to meet the girl. Police officers *765recovered from his vehicle cameras, condoms, and the phone he used for the communications, which contained an age-regressed photo of another agent sent to Korwin during the communications. *685A jury convicted Korwin of attempting to commit a lewd act upon a child ( Pen. Code,1 § 288, subd. (c)(1); count 1); contacting a minor with knowledge and intent to commit a sexual offense (§ 288.3, subd. (a); count 2); and meeting with a minor for lewd purposes (§ 288.4, subd. (b); count 3).2 The court sentenced Korwin to three years in prison based upon the middle term for count 3. The court stayed punishment for count 1 (one year) and count 2 (three years) pursuant to section 654.

Korwin challenges only his conviction for count 2, contending there was insufficient evidence to support his conviction under section 288.3, subdivision (a) because the agent was not actually a minor. He contends his erroneous belief he was communicating with a minor is not a substitute for the statutory requirements. We disagree with his interpretation of the statute concluding it is contrary to both the plain meaning of the statute and its purpose. We, therefore, affirm the judgment.

II

BACKGROUND

Korwin posted an advertisement on the casual encounters section of an online classified Website looking for a younger female between the ages of 18 and 28, possibly with a "daddy complex." The advertisement wanted individuals to respond to the message with a title line "young and willing" and stating an age.

An agent working in the child exploitation unit on an Internet task force responded to the advertisement with an e-mail titled "Young and Willing 13." The body of the message said, "Probably too young, but you sound sweet. Thought I'd say hi anyways." Korwin responded saying she was too young, but they could chat. Korwin continued to communicate for four and a half to five months with the agent who was using the persona of a 13- or 14-year-old girl.3 The messages were primarily sexual.

When the girl asked what a "daddy complex" was, Korwin responded saying, "some girls like to imagine they are having sex with their daddy, and some dad's [sic ] fantasize the same. It can extend to getting bare butt spankings and other things." Korwin said he had never been a woman's first *686lover and the purpose of his advertisement was to find a "legal-aged virgin," but he put in parenthesis that it was "harder to do these things." He asked the girl about her sexual encounters with boys her age. Korwin said if she was 18 they could have "some legitimate fun."

Korwin asked questions about the girl's body including whether she had pubic hair, the size of her breasts, and about her menstrual cycles. As the conversations progressed, Korwin said he wanted to "mentor" the girl and gave specific instructions on how to masturbate and give oral sex.

Korwin sent a picture of himself and asked for a picture of the girl. The agent *766sent an age-regressed photo of another female agent.

Korwin said he was a high school teacher. He said he had some crushes on students over the years, but he did not act on them.

Eventually, Korwin suggested he could treat the girl to fast food and a soda if he was in the town where she said she lived. He suggested he could take some head shots of her to send to a modeling agency. He also said he wanted to take naked photos or suggestive photos at a park.

Korwin expressed a desire to meet, but also expressed concern about getting caught. He said they could meet without doing anything physical except maybe a foot massage and a hug. He again discussed taking suggestive photos in a park.

Korwin mentioned meeting before the end of the school year. He told the girl to pick out polish so they could paint each other's toenails. He said he would wear loose shorts when they met so the girl could touch his genitals with her feet. Korwin said he would bring a camera to take suggestive pictures.

When they finally arranged to meet at a fast food restaurant, Korwin gave specific instructions about what the girl should bring and wear. He also instructed her to bring an extra set of panties. He said she could change in the car on the way to the park where he would take photos. He said he would wear gym shorts and sandals.

Korwin was arrested when he arrived at the meeting spot. He was wearing loose gym shorts. Several cell phones and two cameras were located in a search of Korwin's vehicle along with male enhancement pills, condoms, and a camera bag containing women's underwear. One of the phones contained the age-regressed photo sent to Korwin.

*687III

DISCUSSION

Korwin's sole contention on appeal is that there was insufficient evidence for his conviction under section 288.3, subdivision (a), because he did not communicate with an actual minor. We reject this contention.

A

Where a defendant challenges the sufficiency of the evidence supporting a conviction, we " ' " 'must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence-that is, evidence which is reasonable, credible, and of solid value-such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' " ' [Citation.] ... 'Substantial evidence includes circumstantial evidence and any reasonable inferences drawn from that evidence.' " ( People v. Brooks (2017) 3 Cal.5th 1, 57, 219 Cal.Rptr.3d 331, 396 P.3d 480.) We presume the existence of every fact the trier of fact could reasonably deduce from the evidence in support of the judgment. ( People v. Clark (2011) 52 Cal.4th 856, 943, 131 Cal.Rptr.3d 225, 261 P.3d 243.)

We independently review issues regarding statutory interpretation.

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Cite This Page — Counsel Stack

Bluebook (online)
248 Cal. Rptr. 3d 763, 36 Cal. App. 5th 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-korwin-calctapp5d-2019.