People v. Holinaty CA4/2

BACKGROUND

The following factual summary is based on Holinaty’s motion in the trial court to

dismiss his case pursuant to Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett) and

the People’s opposition to the motion.

On March 1, 2023, the owner of a 2013 Chevrolet Captiva reported to the

Cathedral City Police Department that Holinaty stole the vehicle between 11:00 p.m. and

12:00 a.m. the previous night. At approximately 1:21 p.m., officers from the Desert Hot

Springs Police Department found the vehicle and saw Holinaty get out and walk into a

nearby transient camp. The officers arrested him. When arrested, he possessed a live

nine-millimeter round and methamphetamine. A handgun and the keys to the vehicle

were found nearby. The passenger window of the vehicle was “shattered out,” and there

was a spent nine millimeter shell casing inside on the floorboard.

2 On March 2, 2023, the People charged Holinaty in case No. INF2300327 with

possession of a controlled substance while armed with a firearm (Health & Saf. Code,

§ 11370.1) and other “various felonies.”

Four days later, Riverside County Deputy Sheriff James spoke to Jane Doe, who

reported that she had been…