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P. v. Moses
Convicted of 62 sex crimes against his daughter and sentenced to the better part of a millennium in prison, defendant Bennie Dale Moses, Jr., appeals contending: (1) the trial court erred in denying his new trial motion without holding an evidentiary hearing; (2) none of the convictions for forcible sex crimes are supported by substantial evidence; (3) the prosecution of eight charges of unlawful sexual intercourse with a minor (i.e., statutory rape) was barred by the statute of limitations; and (4) two restitution fines must be reduced from $12,400 to $10,000 each. Defendant also asks us to review the transcript of an in camera Pitchess[1] hearing for abuse of discretion.
On review, we find no error in the denial of the new trial motion and no abuse of discretion in the Pitchess hearing; however, we conclude that all of defendant’s convictions for forcible sex crimes based on acts that occurred before the victim was 18 must be reversed for lack of substantial evidence of duress. We also conclude that the eight charges of unlawful sexual intercourse with a minor must be dismissed because prosecution of those charges was barred by the statute of limitations. Finally, we agree that the two restitution fines must be reduced to $10,000 each. Accordingly, we will reverse some of defendant’s convictions, dismiss some of the charges, affirm the remainder of his convictions, and remand for resentencing.

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