What is the effect of section 1009 of the California Criminal Code on an allegation of sexual assault?
California, United States of America
The following excerpt is from People v. Buckley, D066227 (Cal. App. 2015):
Section 1009 states: "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." If leave is granted to amend an information, the decision is overturned only if it amounts to an abuse of the trial court's considerable discretion. (People v. Miralrio (2008) 167 Cal.App.4th 448, 458.) The pre-
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