Moore

Defendant Thomas Michael Moore was convicted on a plea of no contest of committing a lewd act on a child under the age of 14. (Pen. Code, § 288, subd. (a).) On appeal from the judgment with a certificate of probable cause, Moore contends that the court erred in denying his motion to withdraw the plea. The issue is whether the court was required to advise Moore, before accepting his plea, that he might eventually be subject to additional confinement under the Sexually Violent Predator Act. (Welf. & Inst. Code, § 6600 et seq.; hereafter the SVP Act). We conclude that this advice was not required and affirm the judgment of conviction.

Background

According to evidence presented at the preliminary hearing, Moore spent a few nights at the home of the victim, Jessica F., and her mother in November 1996. Jessica testified that on the Wednesday before Thanksgiving Moore woke her by placing his hands on her stomach underneath her nightgown, and asked if she would like to watch television with him. They then lay side by side on the couch under a blanket and Moore touched her vaginal area. Jessica said that she heard Moore unzip his pants and that he touched his penis to her…