P. v. Fullmer
Defendant Martin Zane Fullmer entered a negotiated plea of no contest to committing a lewd act on a child under the age of 14 years (Pen. Code, § 288, subd. (a)--count I; unless otherwise stated, all statutory references that follow are to the Penal Code) in exchange for dismissal of another count charging the same conduct on the same victim on another occasion (count II) with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 (Harvey) and a sentencing lid of the midterm of six years. With the prosecutor’s agreement, defendant reserved the right to argue for probation. The court denied probation and sentenced defendant to state prison for the midterm of six years. Defendant appeals. He contends the trial court abused its discretion in denying probation and in declining to impose the mitigated term of three years. We affirm the judgment.
Facts and Proceedings
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