P. v. Collimore CA4/1
Defendant Michael A. Collimore pleaded guilty to one count of committing a lewd act upon a child 14 or 15 years of age by a perpetrator who is at least 10 years older than the victim (Pen. Code, § 288, subd. (c)(1)) and admitted the enhancement allegation that he committed the lewd acts with a minor for money (§ 675). Prior to the guilty plea, in response to the parties' cross-motions, the court ruled that Collimore was precluded from presenting a mistake of fact defense based on his belief as to the victim's age. After pleading guilty and being sentenced, the trial court granted Collimore's request for a certificate of probable cause, and Collimore appealed from the judgment.
In this appeal Collimore challenges the trial court's ruling disallowing the mistake of fact defense. However, by his guilty plea, Collimore waived appellate review of this issue. Accordingly, we will dismiss the appeal.
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