When will a district attorney include a charge of grand theft in an information statement?

California, United States of America


The following excerpt is from Ondarza v. Superior Court, 106 Cal.App.3d 195, 164 Cal.Rptr. 892 (Cal. App. 1980):

"As indicated herein the district attorney might include a related offense although the magistrate concluded impliedly or otherwise that the evidence did not show probable cause that such offense had been committed. The charges as to the theft of the lumber and the giving of a worthless check in payment thereof were related, arose out of the transaction which was the basis for the commitment and, depending on the evidence, could result in conviction on one charge or the other. The district attorney was therefore within his right to include the grand theft charge in the information if the necessary elements of that offense reasonably appeared from the evidence before the magistrate." (Parks v. Superior Court, supra, 38 Cal.2d at pp. 613-614, 241 P.2d at p. 524.)

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