People v. La Fontaine

This is an appeal by defendant from a conviction of the crimes of (1) child molestation, in violation of Penal Code section 647a, and (2) an attempted lewd or lascivious act upon the body of a child under 14 years of age, in violation of Penal Code sections 664 and 288. The two offenses were alleged in a two-count information which also alleged that defendant had been convicted of two prior offenses—the crime of a lewd act with a child, committed on February 25, 1959, a felony, and a misdemeanor offense of violating Penal Code section 647a on April 9, 1975. Defendant entered a plea of not guilty and denied the allegations of the two prior convictions.

At the beginning of the trial and before a jury was selected, the court granted the People’s motion to strike the allegations of the two prior criminal convictions. The jury found defendant guilty as charged in the two counts. Defendant was sentenced to state prison for the term prescribed by law on count II—the offense of an attempted lewd or lascivious act upon a child. The court suspended the imposition of sentence on count I—the Penal Code section 647a violation—and ordered that count merged into count II, to be…