California Court of Appeal

Conviction for theft or unauthorized use of a vehicle is reversed where the trial court erred in granting the prosecutor's motion to amend the information which allowed defendant to be tried for an offense not shown by the evidence at the preliminary hearing. Defendant's petition for habeas corpus is denied in light of court's conclusion that the judgment must be reversed.

Appellate Information

• Decided 09/10/2008
• Published 09/10/2008

Judges

• PREMO, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Michael E. Banister, Deputy Attorney General, Attorneys for Plaintiff/Respondent The People., Patricia S. Lai, under appointment by the Court of Appeal, San Jose, Attorney for Defendant/Appellant Francisco Dominguez.