California, United States of America
The following excerpt is from People v. Sylvester, D067157 (Cal. App. 2016):
Although we generally review a trial court's decision to allow an information to be amended to allege a prior conviction for abuse of discretion, we are mindful that where " 'fundamental rights are affected by the exercise of discretion by the trial court, . . . such discretion can only be truly exercised if there is no misconception by the trial court as to the legal basis for its action.' [Citations.] To exercise the power of judicial discretion, all material facts and evidence must be both known and considered, together with legal principles essential to an informed, intelligent and just decision." (People v. Lara (2001)
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