Can a defendant bring a motion to challenge a prosecution motion to amend an information to add a great bodily injury allegation?

California, United States of America


The following excerpt is from People v. Almeida, C078495 (Cal. App. 2017):

Generally, the prosecution may not amend an information to add an enhancement allegation unless the evidence presented at the preliminary hearing is sufficient to support that enhancement. (See 1009; Salazar v. Superior Court (2000) 83 Cal.App.4th 840, 846 [defendant may bring section 995 motion to challenge sufficiency of evidence to support enhancement allegations].) Here, the prosecution moved, after the preliminary hearing, to amend the information by adding a great bodily injury allegation to count two. Defendant claims the evidence was insufficient to support a finding that the enhancement allegation was true, but he did not object to the amendment. Therefore, he argues on appeal that counsel was deficient.

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