P. v. Holloway CA5
Appellant Timothy Joel Holloway stands convicted of animal cruelty, a violation of Penal Code section 597, subdivision (a), and residential burglary, a violation of sections 459 and 460, subdivision (a). It also was found true that he personally used a deadly or dangerous weapon, pursuant to section 12022, subdivision (b)(1), in committing the animal cruelty charge. Holloway had moved to dismiss the burglary charge and the weapon allegation, asserting vindictive prosecution; the trial court denied the motion. Holloway contends the trial court erred in denying his motion. We affirm.
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