California, United States of America
The following excerpt is from People v. Baez, G049120 (Cal. App. 2015):
"A defendant has a due process right to fair notice of the allegations that will be invoked to increase the punishment for his or her crimes. [Citation.]" (People v. Houston (2012) 54 Cal.4th 1186, 1227.) However, even when the indictment fails to allege each fact required by the statute in question, that does not mean the defendant's due process rights have been violated. (Id. at pp. 1225-1229.) "California's system of criminal pleading under [Penal Code] section 952 relies in part upon the transcript of the grand jury hearing or preliminary examination which must be furnished to the defendant to inform him of particular circumstances of his offense not shown by the accusatory
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