Zikorus

Defendant pleaded guilty in the Riverside Municipal Court to two violations of Penal Code section 288, subdivision (a), (lewd and lascivious conduct with a child). The offenses occurred on September 13, 1982, and October 4, 1982. His case was certified to the superior court and he was sentenced to prison on February 24, 1983. Defendant challenges the procedures employed at his sentencing.

The offenses were both committed on a 12-year-old female victim who was 13 by the time of sentencing. Due to the nature of the offense, the sentencing proceedings were conducted in chambers with defendant’s express consent. Present were the defendant, his attorney, the district attorney, the victim and her mother. The proceedings were reported. In imposing sentence, the written material considered by the court.included the original probation report, defense counsel’s “Statement of Facts in Mitigation and for Probation,” a probation memorandum containing information from the defendant’s mother and from his common law wife, three character letters from friends of the defendant, a supplemental probation report, and a report by Dr. Harvey Oshrin regarding his psychiatric evaluation of the…