P. v. Pitcher CA1/5
Appellant Darin Alexander Pitcher sexually assaulted his sister over a several-month period when he was 17 years old. He appeals from a judgment sentencing him to prison for 21 years after a jury convicted him of two counts of sexual battery by restraint (Pen. Code, §§ 243.4, subd. (a)) , five counts of forcible sexual penetration (§ 289, subd. (a)(1)(A)), one count of forcible rape (§ 261, subd. (a)(2)) and one count of forcible oral copulation (§ 288a, subd. (c)(2)(A)). Appellant contends: (1) the trial court should have excluded evidence of incriminating statements he made to a police officer who delayed in giving him warnings required by Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (2) the trial court erroneously removed a juror for failing to deliberate; (3) the case must be remanded for a “fitness” hearing before a juvenile court judge pursuant to The Public Safety and Rehabilitation Act of 2016 (Proposition 57), which was enacted while this appeal was pending; an
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