Graff

Appellant Timothy Albert Graff contends his convictions on two counts of violation of Penal Code section 288, subdivision (c)(1) must be reversed because the jury was permitted to convict based on charges not established at the preliminary hearing. We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Complaint

In November 2006, a seven-count criminal complaint was filed against appellant. All seven counts alleged that appellant committed a lewd and lascivious act on a person who was 15 years old with the intent of “arousing, appealing to and gratifying” his “lust, passions, and sexual desires” within the meaning of section 288, subdivision (c)(1). None alleged a specific act.

Counts 2 through 7 identified the minor involved as “Victim l.” Count 2 alleged that the improper act occurred between November 17 and December 31, 2003. Count 3 alleged that the act occurred between January 1 and February 28, 2004. Count 4 alleged that the act occurred between March 1 and April 30, 2004. Count 5 alleged that the act occurred between May 1 and June 30, 2004. Count 6 alleged that the act occurred between July 1 and August 31, 2004. Count 7 alleged that the act occurred…