P. v. Closs CA5
Defendant Michael Closs was charged with two counts of annoying or molesting a child under 18 years of age (Pen. Code, § 647.6, subd. (c)(2)), inter alia. In connection with both counts, the information alleged he was previously convicted of committing a lewd or lascivious act upon a child under 14 years of age, a qualifying “strike” offense (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)), inter alia. Defendant filed a motion to suppress evidence, which was denied. Thereafter, he pled no contest to one count of annoying or molesting a child under 18 years of age and admitted the prior conviction. In exchange, the remaining charges were dismissed. Defendant was sentenced to eight years.
On appeal, defendant contends the trial court erroneously denied his suppression motion. For the reasons set forth below, we disagree and affirm the judgment.
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