P. v. Nicholson CA3
The People charged defendant Johnny Alex Nicholson with rape of a drugged victim (Pen. Code, § 261, subd. (a)(3); statutory section references that follow are to the Penal Code unless otherwise stated), assault to commit a specified sex offense during a first degree burglary (§ 220, subd. (b)), first degree burglary (§ 459), and grand theft (§ 487, subd. (a)). The magistrate held defendant to answer on all counts except the assault charge. The People filed an information and then an amended information, which charged defendant with rape of a drugged victim (count 1), rape of an unconscious victim (§ 261, subd. (a)(4) (count 2)), assault to commit a specified sex offense during a first degree burglary (count 3), first degree burglary (count 4), grand theft (count 5), and misdemeanor sexual battery (§ 243.4, subd. (e)(1)) (count 6)).
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