Phillips

Darin Dennis Phillips appeals from his convictions of forcible rape and child molestation (Pen. Code, §§ 261, subd. (2) and 288, subd. (b)). He contends (1) he was denied the effective assistance of counsel when the court “recused” his deputy public defender and replaced her with a different court-appointed attorney; (2) the district attorney’s office should have been recused; (3) his statutory speedy trial rights were violated; (4) enhancement allegations should have been set aside before trial; and (5) consecutive sentences were improperly imposed. While we find the trial judge erred and the trial attorneys displayed a distressing breach of professionalism, we affirm the judgment.

Ten-year-old Amy already knew Phillips on October 29, 1981, when she agreed to join him for a Coke at a nearby sandwich shop. Phillips refused to let her playmate go with them. Walking back, Phillips forced Amy into an enclosed trash area. He molested her by sticking his finger in her vagina, ignoring her protests of pain. After about five minutes of this, Amy was allowed to urinate in the corner of the enclosure. Phillips then tried to insert his penis in her vagina and eventually succeeded,…