Dominguez

A jury found defendant Francisco Dominguez guilty of one count of theft or unauthorized use of a vehicle. (Veh. Code, § 10851, subd. (a).) He was sentenced to four years in prison. Defendant raises two arguments on appeal. First, defendant maintains that the trial court lacked jurisdiction because the parties had agreed that the complaint could serve as the information rather than requiring the prosecutor to file a separate information after the preliminary hearing. We reject this argument. Defendant also argues that he was deprived of due process of law when the trial court granted the prosecutor’s motion to amend the information and instructed the jury that it could find defendent guilty of an offense not shown by the evidence at the preliminary hearing. The Attorney General concedes the instructional error but argues that it was harmless. Defendant maintains that the error is reversible per se. Accepting the Attorney General’s concession, we conclude that even if such an error could be harmless, it is reversible in this case.

I. Statement of the Case

A complaint charged defendant with one count of theft or unauthorized use of a vehicle on or about and between October…