P. v. Jimenez CA1/5
A complaint charged Ricardo Salvador Jimenez with various felonies, including unlawfully driving or taking a vehicle with a prior conviction (Veh. Code, § 10851, subd. (a), Pen. Code, 666.5) and receiving stolen property (§ 496, subd. (a)). At the preliminary hearing, the magistrate declined the prosecutor’s request for a holding order on residential burglary (§§ 459, 460, subd. (a)), which was not charged in the complaint. The prosecution subsequently filed an information charging Jimenez with residential burglary and the trial court denied Jimenez’s motion to set aside the burglary charge. A jury convicted Jimenez of all charges, and the court sentenced him to state prison.
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