The following excerpt is from Lopes v. Martel, No. CIV S-09-1359-KJM-TJB (E.D. Cal. 2011):
Also, by waiving a preliminary hearing, [Petitioner] forfeited his right to complain that he was provided with insufficient notice of the charges against him. "'It is clear that in modern criminal prosecutions initiated by informations, the transcript of the preliminary hearing, not the accusatory pleading, affords [the] defendant practical notice of the criminal acts against which he must defend.... [T]he time, place and circumstances of charged offenses are left to the preliminary hearing transcript; it is the touchstone of due process notice to a defendant.' [Citation.]" (People v. Butte (2004) 117 Cal.App.4th 956, 959, italics omitted.) A defendant forfeits his right to challenge notice of the charges against him when he forgoes his right to a preliminary hearing. (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.