DEPORCERI
People v. De Porceri
Opinion
Opinion
Bamattre-Manoukian, J.
The only issue presented by this appeal is whether a prior conviction of assault with intent to commit lewd touching (Pen. Code, § 220) qualifies as a strike under the three strikes statutes. For the reasons stated below, we will affirm the judgment.
Pursuant to a negotiated plea, defendant Stefan de Porceri pleaded no contest to four felony counts of lewd touching of minors under the age of 14 years (counts 1-4; § 288, subd. (a)) and two misdemeanor counts of annoying or molesting children under the age of 18 years (counts 5-6; § 647.6, subd. (a)). He also admitted a prior felony conviction of “Assault with intent to commit 288 PC (child molest), Penal Code section 220.”
Defendant submitted to the court whether this prior conviction qualified as a prior strike within the meaning of the three strikes statutes, sections 667 and 1170.12. The effect of a prior qualifying as a strike is to double a defendant’s sentence. (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1).) Defendant agreed that his maximum sentence would be 28 years and his minimum would be 18 years with this strike. Without this strike his maximum sentence would be 14 years.