P. v. Bailey CA3
The six-year-old victim reported that defendant Kevin Bailey, her mother’s boyfriend, touched her inappropriately. At his first trial, defendant was charged with three counts of violation of Penal Code section 288, subdivision (b)(1) (statutory section citations that follow are to the Penal Code unless otherwise stated). The acts charged were: count one, “fingers to vagina in living room”; count two, “finger inside vagina in living room”; and count three, “grabbed her hand and made her rub his penis.” The jury at defendant’s first trial found him not guilty on count two and hung on counts one and three. At his second trial, defendant was charged with two counts, corresponding to counts one and three from the first trial. A jury found defendant guilty on both counts.
Prior to sentencing, defendant moved for a new trial based on three alleged instances of juror misconduct and moved for a continuance to investigate further.
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