Can a jury convict a defendant of unauthorized use of a vehicle based on either of the two incidents shown at the preliminary hearing?
California, United States of America
The following excerpt is from People v. King, H037401 (Cal. App. 2013):
In People v. Dominguez (2008) 166 Cal.App.4th 858 (Dominguez), the late amendment allowed the jury to convict the defendant of unauthorized use of a vehicle based on either of two separate incidents, despite the fact that only one incident had been shown at the preliminary hearing. This court accepted the Attorney General's concession of error. (Id. at p. 866.)
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