Torrez

Jose Luis Torrez appeals from the judgment entered following his pleas of guilty to five counts of lewd conduct with a child under the age of fourteen years and one count of incest, and admissions that he occupied a position of special trust and committed acts of substantial sexual conduct in the commission of each offense. (Pen. Code, §§ 288, subd. (a), 285, 1203.066, subd. (a)(9).) He was sentenced to state prison for six years and contends: (1) that the superior court was without jurisdiction because an information was never filed; (2) that his pleas and admissions must be set *754 aside because the trial court failed to advise him that admission of the Penal Code section 1203.066 allegations rendered him presumptively ineligible for probation; (3) that trial counsel was incompetent because he failed to argue that appellant was eligible and suitable for probation; (4) that the trial court abused its discretion in denying probation and sentencing appellant to the midterm of six years.

A felony complaint was filed in the municipal court of the Citrus Judicial District charging appellant with five counts of lewd conduct with a child under the age of fourteen years and…