Morales

I. Introduction

Defendant, Manuel Morales, appeals from his convictions for three counts of felony annoying or molesting a child. (Pen. Code, § 647.6, subd. (a).) The jury also found that defendant had sustained two prior convictions for lewd acts upon a child. (§§ 288, subd. (a), 647.6, subd. (c)(2), 667, subds. (b)-(i), 1170.12.) Pursuant to section 1385, subdivision (a), the trial court struck one of the two prior serious conviction findings. Defendant argues: the identification procedure was impermissibly suggestive; there was insufficient evidence to support the guilty verdict on count 2; and the trial court improperly instructed the jury with CALJIC No. 17.41.1. We reject these contentions in the unpublished portion of the opinion.

In the published portion of the opinion, we discuss the following jurisdictional question. The three-count amended information alleged defendant had previously been convicted of two violent felonies, child molestation in violation of section 288, subdivision (a) where the victim was under the age of 14. The amended information alleged the prior serious felony conviction allegations applied to one of the counts. But the jury and court…