Can a defendant plead guilty to three counts of lewd and lascivious conduct under section 288(a) of the California Penal Code?

Given Officer Calderan's testimony at the preliminary examination that defendant engaged in at least three acts of hand-to-penis fondling, defendant had ample notice of the prosecution's theory of the evidence underlying three counts charging lewd and lascivious conduct ( 288(a)). An accusatory pleading which identifies section 288(a) as the offense charged, on its face, is adequate to provide fair notice with a " ' "reasonable degree of certainty" ' " such that " 'ordinary people can understand what conduct is prohibited.' " (Burg v. Municipal Court (1983) 35 Ca1.3d 257, 270-271.) The preliminary hearing transcript, together with the information charging defendant with five lewd act counts ( 288(a)) allowed defendant to adequately prepare his defense.