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PEOPLE v. TOLBERT

Docket No. 14003.

176 Cal.App.3d 685 (1986)

222 Cal. Rptr. 313

THE PEOPLE, Plaintiff and Appellant, v. KELLY VIRGIL TOLBERT, Defendant and Respondent.

Court of Appeals of California, Third District.

January 15, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Eddie T. Keller, Gary A. Binkerd and Eileen Ceranowski, Deputy Attorneys General, for Plaintiff and Appellant.

Donald C. Thompson, Jr., for Defendant and Respondent.

OPINION

PUGLIA, P.J.

In this appeal, we decide that the trial court erred in taking judicial notice in aid of defendant's demurrer of the magistrate's factual finding at defendant's preliminary hearing.

An amended information filed in the San Joaquin Superior Court charged defendant in count I with kidnapping (Pen. Code, § 207), in count II with forcible rape (Pen. Code, § 261, subd. (2)), in counts III and IV with...

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