California, United States of America
The following excerpt is from People v. Williams, C058268 (Cal. App. 8/7/2009), C058268. (Cal. App. 2009):
Within this portion of his brief, defendant argues that the application of section 2800.2, subdivision (b) to his case violated his right to notice, because the information charged him with a violation of section 2800.2, subdivision (a). But subdivision (b) does not set forth a separate offense, it provides alternative definitions of "wanton disregard" as that term is used in subdivision (a). Further, it does not appear defendant raised a notice objection in the trial court, and, as the Attorney General points out, the preliminary hearing evidence included testimony about traffic violations and property damage, thereby alerting defense counsel to a possible theory the People could invoke. (See People v. Manning (1982) 133 Cal.App.3d 159, 165 ["it is not the complaint but the totality of the evidence produced at the preliminary examination that notifies the defendant of the potential charges he may have to face"].) Therefore we reject the claim of lack of notice.
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