Can a defendant who was convicted of aggravated kidnapping for ransom be informed of the punishment for the crime by way of informal amendment to his criminal charges?

California, United States of America


The following excerpt is from People v. Handley, G056608 (Cal. App. 2020):

kidnapping charges, those charges were effectively amended to allege the crime of aggravated kidnapping for ransom. Therefore, appellant was not convicted of a greater offense than with which he was charged, in derogation of his due process rights. He was instead convicted of an offense that was added by informal amendment to the existing charges. That being the case, there was no need to inform appellant of the punishment for that offense. (See People v. Mancebo (2002) 27 Cal.4th 735, 747 [due process is satisfied if the defendant is fairly apprised of the specific factual allegations that will be invoked to increase the punishment for his crimes]; People v. Robinson (2004) 122 Cal.App.4th 275, 282 [same].)

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