Diaz

In a court trial, appellant was convicted of child molestation (Pen. Code, 1 § 288, subd. (a); count I) and felony annoying or molesting a child under the age of 18 (§647.6; count II). Allegations appellant had suffered a serious felony conviction within the meaning of section 667, subdivision (a)(1) and two felony convictions within the meaning of section 667, subdivisions (b)-(i) were found true. Appellant was sentenced to state prison for 30 years to life.

Relying upon People v. Wallace (1992) 11 Cal.App.4th 568 [ 14 Cal.Rptr.2d 67 ], appellant contends the subject touching was not a lewd act. People v. Wallace, and its separate test for a “lewd act,” have recently been disapproved by our Supreme Court. (People v. Martinez (1995) 11 Cal.4th 434, 452 [ 45 Cal.Rptr.2d 905 , 903 P.2d 1037 ].) Accordingly, in compliance with People v. Martinez we reject the Wallace lewd act test, find substantial evidence the act was lewd, and conclude appellant’s “three strikes” (§ 667, subds. (b)-(i)) contentions are without merit. We affirm the judgment.

Factual Background

The undisputed facts 2 may be stated simply.

On May 14, 1994, the Park Theater in the City of Huntington Park…