Does the waiver of a jury waiver need to be amended or amended to a different and more serious offence?
California, United States of America
The following excerpt is from People v. Luick, 101 Cal.Rptr. 252, 24 Cal.App.3d 555 (Cal. App. 1972):
We have found no case in point. In People v. Walker (1959) 170 Cal.App.2d 159, 338 P.2d 536, relied on by defendant, the information was amended, after the jury waiver, to charge a different and more serious offense. The holding that a new waiver was required under those circumstances, likewise, does not compel a similar holding in the case at bench.
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