P. v. Lacy
Defendant appeals from the judgment entered after a jury convicted him of two counts of committing a lewd act upon a child and one count of continuous sexual abuse. (Pen. Code, SS 288, subd. (a); 288.5, subd. (a).) Appellant contends: (1) the convictions for violating section 288, subdivision (a) should be reversed, as prosecution for those crimes is barred by the statute of limitations; (2) the trial court erred when it denied his section 995 motion; (3) his statement to police was taken in violation of his Miranda rights;[2] (4) his section 1118.1 motion should have been granted; (5) his tape recorded statement should not have been played to the jury because much of the recording is inaudible; (6) the prosecutor misstated the evidence on the tape in her closing argument; (7) the court erred by giving CALJIC Nos. 2.50 and 2.50.1; (8) evidence admitted pursuant to Evidence Code section 1101, subdivision (b) should have been excluded; (9) he is entitled to a new trial; and (10) he should be granted bail on appeal. The Attorney General agrees that the statute of limitations bars prosecution for the two charges brought under section 288, subdivision (a). Court concur with the parties and reverse those convictions. Court otherwise affirm the judgment.
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