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PEOPLE v. GRAFF

No. B203935.

170 Cal.App.4th 345 (2009)

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY ALBERT GRAFF, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

As modified February 9, 2009.

Attorney(s) appearing for the Case

Law Offices of Mark J. Werksman, Mark J. Werksman and Kelly C. Quinn for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MANELLA, J.

Appellant Timothy Albert Graff contends his convictions on two counts of violation of Penal Code section 288, subdivision (c)(1) must be reversed because the jury was permitted to convict based on charges not established at the preliminary hearing.1 We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Complaint

In November 2006, a seven-count criminal complaint was...

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