Can a judge amend an information under section 1009 of the California Criminal Code to include an allegation of sexual assault?
California, United States of America
The following excerpt is from People v. Kathy Yuan Chen, G044518 (Cal. App. 2012):
Section 1009 permits a court to allow an information to be amended at any stage of the proceedings, so long as the defendant's substantial rights are not prejudiced thereby and the amended information does not charge an offense not shown by the evidence taken at the preliminary examination. A trial court's decision under section 1009 is reviewed for an abuse of discretion. (People v. Miralrio (2008) 167 Cal.App.4th 448, 458.)
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