Gill

Defendant appeals from his conviction on his guilty plea of committing a lewd and lascivious act with a child under age 14 (Pen. Code, § 288, subd. (a)) and the ensuing judgment sentencing him to prison for the aggravated term of 8 years. He challenges only his sentence, contending the trial court erred when it relied upon the provisions of newly enacted section 1170.71 in selecting the upper eight-year prison term. Additionally, he urges that the trial court abused its discretion in considering remarks of the victim’s mother at sentencing and in failing to state adequate reasons for selecting the aggravated term. We find defendant’s arguments unmeritorious and affirm the judgment.

Facts

In the afternoon of June 4, 1986, Deborah D., mother of 13-year-old Ashley P., returned to her home in Modesto. When she looked for defendant, her boyfriend, she could not find him or either of her two daughters in the kitchen or family room. She walked down the hallway and opened the bedroom door. There she saw defendant and her daughter Ashley, naked and lying on the floor. Defendant was leaning toward Ashley and had his hands on her shoulders. He said spontaneously, “Nothing…