Does a defendant have a right to notice of a violation of section 264.1 of the Penal Code?

California, United States of America


The following excerpt is from People v. Best, 143 Cal.App.3d 232, 191 Cal.Rptr. 614 (Cal. App. 1983):

Defendants seem to argue further that because the information did not "charge" a violation in the language of the Penal Code and further specify the section 264.1 as a separate crime, they were deprived of their constitutional right to notice of the charges against them. (See People v. Lohbauer (1981) 29 Cal.3d 364, 368, 173 Cal.Rptr. 453, 627 P.2d 183; People v. Puckett (1975) 44 Cal.App.3d 607, 611, 118 Cal.Rptr. 884.)

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