Does a defendant have a right to object to the pleading and the proof?
California, United States of America
The following excerpt is from People v. Ramirez, F067581 (Cal. App. 2015):
Defendant has "forfeited his right to object to an alleged variance between the pleading and the proof by failing to raise the objection in the trial court. [Citation.]" (People v. Maury (2003) 30 Cal.4th 342, 427.) More importantly, defendant has failed to show the variance was of such a substantial character as to have misled him in the preparation of his defense. (Id. at pp. 427-428.)
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