In People v. Fulcher (2006) 136 Cal.App.4th 41, the court considered a situation involving postplea evidence. In that case, the victim testified at the SVP trial regarding an act of substantial sexual conduct that was not included in the victim's description of the offense prior to the defendant's plea and conviction; the victim initially stated only that the defendant put his mouth near the victim's penis and at the SVP trial added that the defendant touched the victim's penis with his mouth. (Id. at p. 46.) The court rejected the defendant's argument that the People cannot rely on evidence outside the record of conviction to show substantial sexual conduct. (Id. at pp. 50-51.) The court explained that because a Penal Code section 288(a) conviction does not necessarily involve force, duress or substantial sexual conduct, "proof of the elements of the offense or evidence contained solely within the 'record of conviction' may be insufficient to establish the offense qualifies as a sexually violent offense ... ." (136 Cal.App.4th at p. 51.)