People v. FLOYD P.

Defendant appeals from a judgment convicting him of four counts of of lewd conduct with a child under 14 years old in violation of Penal Code section 288, subdivision (a).

Defendant was originally charged in the information with the following offenses: counts I through X inclusive - violation of Penal Code section 288, subdivision (b), count XI - violation of Penal Code section 261, subdivision (2), counts XII through XV inclusive - violation of Penal Code section 288, subdivision (a), and count XVI - violation of Penal Code section 647, subdivision (a). The first 12 counts and count XVI involved defendant’s daughter, S., and the remaining counts involved his younger daughter, C.

The defendant originally pleaded not guilty to all counts. On October 18, 1985, defendant signed a form acknowledging that he was charged with the recited offenses and then stating “I acknowledge the following plea bargain and desire to enter my plea pursuant to it.” The document goes on to state: “Defendant pleads guilty to 4 counts of P.C. § 288(a)[.] (3 cts. v. [S] and 1 ct. v. [C].) All other counts dismissed. District attorney stipulates to P.C. 288.1 referral, and stipulates that the…