P. v. Mayorga
Defendant was convicted by jury trial of one count of continuous sexual abuse of a child (Pen. Code, 288.5, subd. (a)). The information also contained a special allegation regarding the statute of limitations, pursuant to section 803, former subdivision (g)(1). Near the end of trial, the court struck the special allegation at the request of the prosecution, and over defendants objection. On appeal, defendant contends that the striking of this allegation violated his constitutional rights to due process and effective assistance of counsel, and that the courts denial of his subsequent continuance motion was an abuse of discretion. Court disagree and affirm.
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