McSherry
People v. McSherry
Opinion
Opinion
Klein, J.
Leonard James McSherry appeals the judgment entered after conviction by jury of attempted molestation of a child under the age of 18 years with a prior conviction of a lewd act in violation of Penal Code section 288. (Pen. Code, §§ 664, 647.6, subd. (c)(2).) The trial court found McSherry had three prior convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12) and sentenced him to a term of 25 years to life in state prison.
In the unpublished portion of the opinion, we reject McSherry’s claims of evidentiary and instructional error. In the published portion of the opinion, we reject McSherry’s claim the prosecution of the charged offense was not commenced within the applicable limitations period.
FACTUAL BACKGROUND
1. The current offense.
On the morning of March 10, 2003, a schoolyard supervisor at Hoover Elementary School in Los Angeles saw McSherry sitting in an Oldsmobile near the tetherball courts where numerous third graders were at play. The passenger side window, which was closest to the schoolyard, was down and McSherry was looking in the direction of the children and masturbating. The schoolyard supervisor waved her arms to…