Cowan

Defendant/appellant Paul Albert Cowan appeals his conviction by jury trial for lewd arid lascivious acts with a child under age 14 (Pen. Code, § 288, subd. (a)). The trial court found allegations of bodily injury (§ 1203.066, subd. (a)(2)) and substantial sexual conduct with a victim under the age of 11 (§ 1203.066, subd. (a)(8)) to be true. He contends, inter alia, that the trial court was without jurisdiction to reinstate the section 1203.066 allegations after having previously dismissed them on its own motion under section 1385.

We affirm, concluding that the trial court correctly determined that its original dismissal of the section 1203.066 allegations was an act in excess of its jurisdiction, and that the reinstatement was proper.

Facts

I.

During jury selection appellant waived jury trial on the section 1203.066, subdivisions (a)(2) and (a)(8), allegations. After the jury reached its verdict and before making any findings on the allegations, the trial court granted appellant’s request to strike the allegations on its own motion under section 1385. The order was entered November 26, 1985, the matter was referred to the probation department, and sentencing was set…