Does an accusatory pleading need to specify the wrong code section?

California, United States of America


The following excerpt is from People v. Orozco, A140569, A140714 (Cal. App. 2015):

As Orozco concedes, an accusatory pleading need not specify the code section under which a defendant is charged, and even a reference to the wrong code section may be viewed as immaterial. (People v. Gerber (2011) 196 Cal.App.4th 368, 388.) Under section 952, "In charging an offense, each count shall contain, and shall be sufficient if it contains in substance, a statement that the accused has committed some public offense therein specified." Further, section 960 provides: "No accusatory pleading is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not prejudice a substantial right of the defendant upon the merits." "[R]easonable doubts in determining the identity

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