State v. Ruiz

Defendant was charged with indecent assault 1 on Debra-, the six year old daughter of his next door neighbor. He was convicted after trial jury waived and appealed from the judgment, which suspended the imposition of sentence and placed defendant on probation for three years.

We do not reach the points specified as error. At the outset we encounter plain error on the part of the trial court in a finding made by the court. 2 In rendering decision the court said:

I agree with you that if the government had failed to prove the guilt beyond a reasonable doubt and had only proved it by a…