People v. Super. Ct. CA1/3

Filed 2/26/15 P. v. Super. Ct. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Petitioner, v.

THE SUPERIOR COURT OF SONOMA A143887 COUNTY, Respondent; (Sonoma County Super. Ct. No. SCR 644465) CHRISTIAN SANCHEZ-CABALLERO, Real Party in Interest.

Petitioner, the People, filed a complaint charging real party (Sanchez-Caballero) in interest with several counts of residential burglary and robbery and related enhancements arising from an armed home invasion. After amending the complaint to include a gang enhancement, a preliminary hearing was held after which real party was held to answer on the charges in the first-amended complaint. No finding was made on the gang enhancement. Petitioner subsequently filed an amended information which alleged additional kidnapping charges arising from the armed home invasion. Real party in interest filed a motion to dismiss the kidnap charges, pursuant to Penal Code section 995. After a hearing on the motion, the superior court dismissed the kidnap charges on the theory that Sanchez-Caballero was deprived of adequate notice. Under the California Penal Code, the prosecution is allowed to amend an information where, as here, the

1

amended charges are both based upon evidence adduced at the preliminary hearing and are transactionally related to the charge(s) for which the defendant was held to answer; thus, the trial court erred in dismissing the kidnap counts. Therefore, utilizing the expedited Palma procedure, we reverse the superior court’s order dismissing those charges. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.)

FACTUAL AND PROCEDURAL BACKGROUND On March 24, 2014 Sanchez-Caballero was charged by complaint with three counts of robbery, in violation of Penal Code section 211 and one count of residential burglary, in violation of Penal Code section 459 (burglary). The complaint also included enhancements pursuant to Penal Code sections 213, subd. (a)(1)(A) (first degree robbery) and 12022.53, subd. (b) (fire arms enhancement). On July 14, 2014, the complaint was amended to allege a street gang enhancement pursuant to Penal Code section 186.22, subd. (b)(1)(c). A preliminary hearing was held in August 2014, on the alleged charges and the following evidence was adduced: On May 15, 2013 at approximately 10 p.m. Jessica Ramirez, Danielle Uekert, and John Gonzalez were home, watching television, when the doorbell rang. Ramirez answered the door and saw someone dressed in a pizza delivery outfit. Assuming her roommate Gonzalez had ordered pizza, she unlocked the metal gate allowing entry into the apartment and returned to the couch. As she sat down, she observed two men armed with guns enter her apartment. One of them put a gun to her head and ordered her to get up. The second man pointed a gun at Gonzalez and ordered him to get up. Ramirez, Uekert, and Gonzalez, were ordered by the gunmen to go into the bathroom — a distance of approximately 18 feet from the couch. When they reached the bathroom, they were told to undress, and instructed to crouch down in the bathtub facing the tile, which they did. One intruder remained in the bathroom, gun drawn, making sure they stayed facing the wall. The second intruder left the bathroom and thereafter Ramirez heard what sounded like someone opening drawers, pulling out their contents, and opening doors. At some point, the intruders took Ramirez from the