People v. Warner

Opinion

CLARK, J.

The People appeal from an order granting defendant probation following conviction upon his plea of guilty to commission of a lewd and lascivious act upon a child under the age of 14 *682years. (Pen. Code, § 288.)1 The People contend that the trial court abused its discretion by granting defendant probation. We agree and reverse the order.

In February 1975 defendant was charged with a violation of section 288 and with three violations of section 288a (oral copulation). After plea bargaining (see § 1192.5), defendant pleaded guilty to the section 288 violation and the remaining…