PEOPLE v. McSHERRY

No. B181229.

42 Cal.Rptr.3d 836 (2006)

The PEOPLE, Plaintiff and Respondent, v. Leonard James McSHERRY, Defendant and Appellant.

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

May 15, 2006.


Attorney(s) appearing for the Case

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.


KLEIN, P.J.

Leonard James McSherry appeals the judgment entered after conviction by jury of an attempt to molest or annoy a child under the age of 18 years. (Pen.Code, §§ 664/647.6, subd. (a).)1 Based on a prior conviction of lewd act in violation of section 288, the trial court sentenced McSherry as a felon. (§ 647.6, subd. (c)(2).) Because McSherry's conduct constitutes a misdemeanor absent the prior conviction of lewd...

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