Can a defendant amend his pleading at trial to amend it to include an additional charge of sexual assault?

California, United States of America


The following excerpt is from People v. Noble, F055403 (Cal. App. 7/9/2009), F055403 (Cal. App. 2009):

Penal Code section 1009 allows for the amendment of the information at any stage of the proceedings with certain exceptions. If a pleading is amended during trial, the trial shall continue with trial based on the amended pleading "unless the substantial rights of the defendant would be prejudiced thereby, in which event a reasonable postponement, not longer than the ends of justice require, may be granted. An indictment or accusation cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination. A complaint cannot be amended to charge an offense not attempted to be charged by the original complaint." (Pen. Code, 1009.) "We review the trial court's decision for abuse of discretion." (People v. Miralrio (2008) 167 Cal.App.4th 448, 458.)

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