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P. v. Miller
Defendant Stanhope Howard Miller admitted to police that he had fondled his developmentally delayed granddaughter on a number of occasions. After the trial court denied a motion to exclude his statements, defendant waived his right to a jury trial and the matter was submitted to the court on documents and argument of counsel.
Defendant appeals from a judgment entered after the trial court found him guilty of two counts of committing a lewd act upon Jane Doe. (Pen. Code, 288, subd. (a).) The court also found true the allegations that he was a habitual sex offender (Pen. Code, 667.71), that he had previously been convicted in 1972 of a violation of Penal Code section 288, subdivision (c) and that he had one strike prior. (Pen. Code, 667.61, subds. (a) & (d), 667, subds. (b)-(i).) The trial court sentenced defendant to 50 years in prison. This appeal ensued.

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