P. v. Fox
A jury found defendant Gary Leroy Fox guilty of two counts of lewd conduct with a child under the age of 14. (Pen. Code, 288, subd. (a).) The trial court found that defendant had suffered a prior serious felony conviction within the meaning of section 667. Defendant was sentenced to a total of 13 years in prison.
On appeal, defendant argues that he was denied his right to a speedy trial, that his incriminating statements to a correctional officer were made without benefit of a Miranda[warning, and that the trial court erred in failing to grant a new trial after it was learned that the jury had mistakenly been given a verdict form relating to the prior conviction allegation.
Court reject defendants speedy trial argument. However, his remaining arguments have merit. Accordingly, Court reverse.
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