Messer

People v. Messer

Good Law
1969 Cal. App. LEXIS 1807·276 Cal. App. 2d 300·80 Cal. Rptr. 811
Court of Appeal of CaliforniaSeptember 22, 1969Crim. No. 3506California1,620 words

Opinion

Lead Opinion

ing concurrent sentences on five counts of violation of section 288, Penal Code. He was acquitted on two other counts charging similar acts against a second child.

The evidence adequately supports the verdict. The victim named in the five counts was the 8-year-old daughtei of defendant. The two counts upon which he was acquitted had to do with a 14-year-old stepchild.

Issues

Defendant states the issues as follows:

No Denial op the Right to a Speedy Trial

Defendant’s claim he was denied his right to a speedy trial has the following background:

While incarcerated in Oregon he wrote to the Orange County District Attorney on August 21, 1967, asking that he be brought to trial in California on the complaint filed against him by his wife and daughters. The district attorney wrote to the Oregon authorities on October 2,1967, relating that appellant had demanded a speedy trial. Inquiry was made when appellant would be paroled and when he could be turned over to California for trial. On October 12, 1967, the Oregon authorities told the district attorney that Oregon was not a *302 member of the Interstate Agreement on Detainers; consequently, they had no legal machinery for releasing…

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