California, United States of America
The following excerpt is from People v. Carruthers, E066263 (Cal. App. 2018):
Third, there is no evidence in the record that the prosecution's initial failure to allege the section 192(b)/weapon strike conviction as a strike affected defendant's decisions during plea bargaining. Fourth, the section 192 prior conviction was previously alleged. It was alleged as a section 192(a) strike in the previous, dismissed action, and as a section 192(b)/667.5(b) enhancement in the complaint and information. Fifth, at the time of the prosecution's request to amend the information, the jury had not been discharged and the trial had not yet begun. (People v. Valladoli, supra, 13 Cal.4th at pp. 607-608.) Based on these circumstances, and the absence of any showing of prejudice, we reject defendant's contention the trial court abused its discretion by permitting the prosecution to amend the information.
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