State v. Perez

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals from his conviction by a jury of criminal sexual penetration in the fourth degree. Defendant’s primary argument is that, because the magistrate judge’s probable cause determination at a preliminary hearing rested on no more than judicial notice of testimony from a prior hearing, no proper felony prosecution was initiated against him. We recognize that there are serious problems with the magistrate judge’s reliance on prior testimony to determine probable cause. Nevertheless, we decline to reverse on this basis because, under State v. Bent, there…