Lamb

People v. Lamb

Good Law
76 Cal. App. 4th 664·90 Cal. Rptr. 2d 565
Court of Appeal of CaliforniaDecember 16, 1999A083097California6,572 words

Opinion

Opinion

Haerle, J.

I. Introduction

Robert Bruce Lamb, who was charged by information with 12 counts of child molestation, pleaded guilty to 3 counts of committing lewd acts on a child under the age of 14 (Pen. Code, § 288, subd. (a)). He was sentenced to the upper term of eight years on each count, with the terms to be served concurrently. Appellant obtained a certificate of probable cause to challenge both the validity of his plea and the legality of his sentence.

Appellant contends: (1) both the court and the prosecutor violated the plea agreement and the principles established in People v. Harvey (1979). 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ], thereby entitling appellant to have his convictions reversed; (2) appellant’s plea was induced by misinformation by the trial court, rendering his plea involuntary; (3) the trial court had no jurisdiction over two of the three counts of conviction because the statute of limitations had expired on those two offenses; and (4) the admission at sentencing of allegations that appellant had committed misconduct more than twenty years previously, where such allegations had never been adjudicated, violated appellant’s due process rights to a…

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