Bright

An information charged defendant with 41 counts of lewd and lascivious acts upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)) and also alleged a prior conviction of Penal Code section 288. (Pen. Code, § 667.51, subd. (a).) The court granted defendant’s motion to set aside the information pursuant to Penal Code section 995 as to counts 10, 11, 15, 19, 22, 29, 30, 32, 36, 37, and 39 which would be encompassed within the remaining counts. The district attorney filed an amended information which charged defendant with the remaining 30 counts plus the prior felony conviction. Defendant waived jury trial and stipulated that the case would be submitted to the court on the preliminary hearing transcript, exhibit one (videocassette tape), and exhibit two (certified copy of defendant’s prior conviction). The court found defendant guilty of all 30 counts and found the prior felony conviction allegation to be true. The court sentenced defendant to a total of thirty-five years in state prison: six years for count 1, consecutive terms of two years each for counts 2 through 13, concurrent terms of six years each for counts 14 through 30, and a consecutive five-year…