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PEOPLE v. MONTES

No. B117195.

79 Cal.Rptr.2d 781 (1998)

The PEOPLE, Plaintiff and Respondent, v. Arturo Daniel MONTES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

As Modified on Denial of Rehearing December 23, 1998.

Review Granted February 24, 1999.

Attorney(s) appearing for the Case

Tracy J. Dressner, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Jennifer A. Leal, Deputy Attorney General, for Plaintiff and Respondent.

EPSTEIN, J.

Arturo Daniel Montes argues that his prior convictions for violation of Penal Code1 sections 286, 288a, and 289, subdivision (j) do not constitute serious or violent felonies within the meaning of the Three Strikes law. Respondent counters that each offense constitutes a serious felony—a lewd act on a child under the age of 14 years.

We look to Penal Code section 288 for the definition of lewd act. That section...

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