Gaglione

— Defendant was convicted in a jury trial of committing a lewd act upon a child under 14 (Pen. Code, § 288, subd. (a)). The jury also found defendant was a stranger to the victim so as to make him ineligible for probation (Pen. Code, § 1203.066, subd. (a)(3)).

In a bifurcated proceeding the trial court found the allegations of prior convictions to be true so as to make defendant ineligible for probation (Pen. Code, §§ 1203, subd. (e)(5), 1203.066, subd. (a)(5)) and to subject him to a mandatory 15-to-life sentence (Pen. Code, § 667.51, subd. (d)).

Defendant was sentenced to prison for 15 years to life and was ordered to pay a restitution fine of $10,000. He appeals.

Facts

On April 29, 1992, five-year-old Angela F. was playing outside the apartment of her babysitter, Barbara Buzzard, when a man approached her and asked her if she would like to earn some money by helping him pick up some “green things.” He then led Angela into a nearby closet containing the utility meters for the apartment complex. The man closed the door, leaving it only slightly ajar, and then told Angela to touch him — first on his shoulder and then between his legs. Angela did so.

Meanwhile, Ms.…