What is the appropriate disposition for a charge of sexual assault to be amended or amended?

California, United States of America


The following excerpt is from Brooks v. State Personnel Bd., 222 Cal.App.3d 1068, 272 Cal.Rptr. 292 (Cal. App. 1990):

"It might be argued that the appropriate disposition is to remand the case to the board for a reconsideration of the penalty in the light of the remaining finding. That is sometimes appropriate in cases in which there has been a failure to make a finding necessary to support the charge made. [Citations.] However, nothing in these cases authorizes an amendment of the charging document or requires a respondent to defend against a charge not made." (Brown v. State Personnel Bd., supra, 166 Cal.App.3d at pp. 1163-1164, fn. 3, 213 Cal.Rptr. 53.)

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