Snow

The California Supreme Court granted a petition for review of our opinion in this case filed February 15, 2002, and subsequently on November 26, 2002, transferred the case to this court with directions to vacate our decision and reconsider the cause in light of People v. Acosta (2002) 29 Cal.4th 105 [ 124 Cal.Rptr.2d 435 , 52 P.3d 624 ], Pursuant to our request, the parties submitted supplemental briefs discussing the import of Acosta on this case. The opinion of this court filed February 15, 2002, is vacated and we issue this new opinion in accordance with the directions of the California Supreme Court.

A jury found appellant Steven Markel Snow guilty of one count of committing lewd and lascivious conduct with a minor under the age of 14. (Pen. Code, § 288, subd. (a).) At a bifurcated trial the court found true that Snow:

1. had suffered two prior serious felony convictions (§§ 288a, subd. (c)(1), 288, subd. (a)) within the meaning of sections 667, subdivision (a)(1) and 1192.7, subdivision (c)(6);

2. had suffered a prior conviction of a lewd act (§ 288, subd. (a)) under section 667.61, subdivisions (a), (c)(7) and (d)(1) (the one strike law);

3. had suffered two…