Thompson

A complaint filed in the West Kern Municipal Court District of Kern County charged defendant with two violations of the Penal Code: Count 1, violation of sections 647a (misdemeanor annoying or molesting a child under 18 years of age, renumbered § 647.6); count 2, section 290 (misdemeanor failure by a sex offender to register or report). The section 290 charge was dismissed for lack of evidence. A court trial on the section 647a violation followed.

The court found defendant guilty of violating section 647a. Imposition of sentence was suspended for three years and defendant was placed on probation. In addition, he was sentenced to 16 days in the county jail, to be served on weekends.

Defendant appealed to the appellate department of the Kern County Superior Court which affirmed the judgment and certified the matter to this court.

Facts

According to the prosecution (People v. Swearington (1977) 71 Cal.App.3d 935, 941 [ 140 Cal.Rptr. 5 ]), the following took place: Twelve-year-old A.W. was riding her bicycle to school on June 2, 1986, shortly after 7 a.m. She saw a man driving a greenish-yellow automobile which was traveling only slightly faster than she was. As the…