Can a district attorney amend the complaint to amend the date of the alleged offence before pleading?
California, United States of America
The following excerpt is from People v. Sherman, 211 Cal.App.2d 419, 27 Cal.Rptr. 353 (Cal. App. 1962):
If the district attorney were so disposed he could have amended the complaint at that stage of the case, before plea, because mere change in the date of the alleged offense does not 'change the offense charged' and hence is permitted by 1009. (People v. Crosby, supra, 58 A.C. 726, 734, 737, 25 Cal.Rptr. 847, 375 P.2d 839.) But the amendment in this case was made on the judge's own motion.
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