What is the test for a motion to amend section 1009 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Epperson, F072174 (Cal. App. 2017):
The issue raised by defendant on appeal does not implicate fundamental jurisdiction. As we explain below, section 1009 itself protects a criminal defendant's right to due process and where a court has abused its discretion in permitting an amendment under that section, it has acted in excess of its statutory jurisdiction. Such a claim is subject to forfeiture in the absence of an objection. (People v. Seaton (2001) 26
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