Is a defendant's opportunity to prepare an effective defense affected if evidence at trial shows the alleged crimes occurred at a different time and location?

California, United States of America


The following excerpt is from People v. Rosas, C084130 (Cal. App. 2019):

"[U]nder normal circumstances, [a defendant's] opportunity to prepare an effective defense would not be affected merely because the evidence at trial showed the offenses occurred at a different time (within the time frame alleged in the original information) or a different [place (within the location alleged in the original information)]. Even in alibi cases, neither the time [citation] nor the place at which an offense is committed [citation] is material, and an immaterial variance will be disregarded [citation]." (People v. Pitts (1990) 223 Cal.App.3d 606, 906.) Defendant does not argue he was misled when mounting his defense. Indeed, as described, the material allegations of the complaint remained the same. Because the amendment did not change the basic allegations, we can only conclude the variance immaterial. Accordingly, there was no abuse of discretion and no due process violation.

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