Guardado

Defendant was convicted of two counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) and one count of possession of marijuana (Health & Saf. Code, § 11357, subd. (b)), and an allegation that he had suffered a prior serious felony conviction was found true (Pen. Code, § 667, subd. (a)). He was committed to state prison for 15 years. On appeal, he challenges the sufficiency of the evidence to support one of the two lewd and lascivious conduct counts. He also challenges the trial court’s orders that he make restitution to the victim and undergo an acquired immunodeficiency syndrome (AIDS) test. We find the evidence sufficient, but we conclude that the court’s order that defendant undergo an AIDS test was unauthorized and strike that order. In addition, we find that the trial court’s order that defendant pay restitution is not a valid restitution order.

Facts

About midnight on July 30, 1993, Officer Luu Pham observed a vehicle parked in a dark area on the side of a road. He shined his headlights on the vehicle and saw two people in it. The man in the driver’s seat seemed to be hunched down, but, when the headlights of Pham’s vehicle illuminated him, he sat up.…