California Court of Appeal

Conviction of attempt to molest or annoy a child under the age of 18 years, with prior conviction of lewd act, resulting in sentencing defendant as a felon is reversed where defendant's conduct constitutes a misdemeanor absent the prior conviction, and prosecution of the offense was not commenced within one year as required by section 802(a).

Appellate Information

• Decided 05/15/2006
• Published 05/15/2006

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Robert S. Gerstein, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.