Jasso

Defendant, Anthony Jasso, was charged in count I with a lewd and lascivious act upon a child of 14 years, a felony, in violation of Penal Code section 288, subdivision (c); in count II with oral copulation with a person under the age of 16 years, a felony, in violation of section 288a, subdivision (b)(2); in count III with oral copulation with a person under the age of 14 years, a felony, in violation of section 288a, subdivision (c); and in count IV with a lewd and lascivious act upon a child under the age of 14 years, a felony, in violation of section 288, subdivision (a).

On October 1, 1992, defendant pleaded guilty to count IV and counts I, II and III were dismissed. Probation was denied and defendant was sentenced to the upper term of eight years in state prison.

Defendant appealed from the judgment and this court affirmed in an opinion filed on September 16, 1993 {People v. Jasso (Sept. 16, 1993) F019006 [nonpub. opn.]).

On March 1, 1993, in proceedings before the Honorable Roger D. Randall, the court ordered recall of the sentence.

On May 21, 1993, in proceedings before the Honorable Clarence Westra, Jr., the sentencing judge, he ruled the order of March 1,…