California, United States of America
The following excerpt is from People v. Ferguson, B229731 (Cal. App. 2012):
As the record shows, the information incorrectly stated the time period during which the crime of continuous sexual abuse of J. could have occurredlengthening it by two years past J.'s 14th birthday. "Any uncertainty in the pleading amounts to no more than a defect of form, which should be attacked by demurrer under Penal Code section 1004. Failure to demur to an information on the ground of uncertainty constitutes a waiver of the objection [citations], and the validity of a subsequent judgment is not affected. (Pen. Code, 960.)" (People v. Washington (1971) 17 Cal.App.3d 470, 475, disapproved on other grounds in People v. Najera (1972) 8 Cal.3d 504, 509, fn. 4.) Thus, defendant was obligated to demur pursuant to section 1012. Had defendant pointed out the error and demanded that the prosecutor amend the complaint, the error would have
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