People v. Thomas CA3

BACKGROUND

Defendant grabbed an 11-year-old girl by the arm inside a store and tried to bring her outside before being stopped by the girl’s grandmother. He later admitted he intended to sexually assault the girl. Defendant was charged with lewd and lascivious conduct with a child under the age of 14 years (Pen. Code, § 288, subd. (a)), 1 attempted kidnapping for the purpose of violating section 288 (§§ 664, 207, subd. (b)), and indecent exposure (§ 314). It was also alleged that defendant had been convicted of two serious and violent felonies under sections 667, subdivision (e)(2) and 1170.12, subdivision (c)(2), and one of these was also a prior serious felony under section 667, subdivision (a). Defendant pleaded no contest to the charge of lewd and lascivious conduct with a child under the age of 14 years and admitted one prior strike conviction. On August 26, 2020, the trial court sentenced defendant to the middle term of six years, doubled for the prior strike, and an additional five years for the prior conviction under section 667, subdivision (a), for a total of 17 years. The court also imposed a $300 restitution fine (§ 1202.4), a stayed $300 parole revocation restitution…