P.v . Knox
Defendant and appellant Dexter Knox was charged with attempting a lewd act upon a child less than 14 years of age (Pen. Code, 664, 288, subd. (a), count 1),[1]attempted forcible rape ( 664, 261, subd. (a)(2), count 2), and kidnapping for the purpose of molesting a child ( 207, subd. (b), count 3). The prosecutor subsequently added a fourth charge of attempted sexual battery. ( 664, 243.4, subd. (a), count 4.) Pursuant to a plea agreement, defendant pled guilty to count 4, in exchange for the dismissal of counts 1 through 3. The court sentenced defendant to the low term of one year in state prison, in accordance with the plea agreement. On appeal, defendant contends the trial court erred during the oral pronouncement of judgment when it did not expressly state that the attempted sexual battery conviction was not to be used as a strike. Court disagree and affirm.
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