Parrish

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, for Real Party in Interest.

No appearance for Respondent.

SIMS, J.

On July 6, 2001, the District Attorney of Sacramento County filed a felony criminal complaint charging defendant David Parrish with violation of Penal Code section 647.6, subdivision (a) in that "On or about July 01, 2001 ... said defendant did unlawfully annoy and molest a child under the age of eighteen years, to wit, JANE DOE ... said defendant having been previously convicted of the crime of child molesting in violation of Section 647.6 of the Penal Code... ." [1]

After defendant entered a "not guilty" plea, a preliminary hearing was conducted.

The following evidence was adduced at the preliminary hearing:

Water World is a large amusement park located on the grounds of the California State Fair in Sacramento. Water World features water slides, swimming, and, as pertinent, a large cement beach area called Breaker Beach.

On July 1, 2001, Sergeant Scott Smith of the California State Fair Police was on duty at Water…