How have the courts interpreted a prosecutor's argument and jury instructions in a motion to amend the facts of a charge of an offence not shown at the preliminary hearing?
California, United States of America
The following excerpt is from People v. Villasenor, B234343 (Cal. App. 2012):
The court acknowledged that, technically, amendment of the information did not result in a charge of an offense not shown at the preliminary hearing; however, the amendment, coupled with the prosecutor's argument and jury instructions, allowed the defendant to be convicted solely on the basis of the incident as to which no testimony was presented at the preliminary hearing. (People v. Burnett, supra, 71 Cal.App.4th at pp. 173-177.)
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