Cox

Defendant was charged in one count with a violation of Penal Code, section 286, and in one count with a violation of section 288a of the Penal Code. It was charged that defendant was more than 10 years older than the victim and that the victim was under 14 years of age. Defendant was charged with priors for burglary in the State of Missouri, forgery of a United States Treasury cheek, burglary in the State of California, and a violation of Penal Code, section 470 (forgery).

Defendant pled not guilty to the charges and also denied each prior. Thereafter defendant admitted three of the priors and the other was stricken. Defendant personally, -and with counsel, waived a trial by jury. .

It was found that defendant was'- guilty; that he .Was more than 10 years older than the victim, and that-force was used on the victim. A probation report was ordered; a doctor was appointed to examine defendant pursuant to Penal Code section 288.1; defendant" was found not to be a mentally disordered sex offender; probation was denied, and defendant was sentenced to be imprisoned in a state prison for the term prescribed by law.

Defendant has appealed from the judgment. For reasons set forth below,…