Bustamante

Domiciano Ramirez Bustamante appeals after he pled guilty to one count of lewd and lascivious conduct with a child (Pen. Code, § 288, subd. (a)) and the court sentenced him to the midterm of six years in prison. Appellant contends the trial court improperly considered two other alleged incidents of child molestation when it imposed sentence. We affirm.

Facts

The Mendocino County District Attorney charged appellant by criminal complaint in count one with penetrating the anus of a child with a foreign object (to wit, a finger) with respect to Victor T. on or about March 1991, and in count two with lewd and lascivious conduct with a child with respect to Maria T. (Victor T.’s sister) on or about May 12, 1991. The complaint also alleged a special allegation of substantial sexual conduct (§ 1203.066, subd. (a)(8)) and a special allegation that appellant took advantage of a position of special trust with the victims (§ 1203.066, subd. (a)(9)).

Pursuant to a plea bargain, appellant pled guilty to count two (the § 288, subd. (a) charge as to Maria T.) and the prosecutor agreed to dismiss count one and the special allegations. Defense counsel specifically stated there would be…