People v. Tolbert

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 forcible oral copulation (Pen. Code, § 288a, subd. (c)), and in count V with rape by foreign object (Pen. Code, § 289). In connection with the forcible rape and oral copulation…