What is the test for an amendment to the facts of a criminal charge under the deferential abuse of standard?

California, United States of America

The following excerpt is from People v. Maldonado, E056396 (Cal. App. 2013):

We review the trial court's determination to allow an amendment to the information under the deferential abuse of discretion standard. (People v. Arevalo-Iraheta (2011) 193 Cal.App.4th 1574, 1581 [Fourth Dist. Div. Two].) The test for determining whether an abuse of discretion occurred is whether the amendment prejudiced the defendant's substantial rights and changed the offense to one not shown by evidence at the preliminary hearing. (People v. Brown (1973) 35 Cal.App.3d 317, 322-323.)

Page 5

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)

What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)

Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)

What standard of conduct will qualify as harmless where the facts support the standard standard? (California, United States of America)

Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)

Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)

Does a new criminal conviction for a charge of possession of a drug with intent to commit a criminal offence violate subdivision (e) of the Criminal Code? (California, United States of America)

Can a criminal gang member who is currently charged with an assault under the California Penal Code, and who is not charged under the current legislation, establish a pattern of criminal gang activity? (California, United States of America)

What is the test for an amendment to the facts of a criminal charge under the deferential abuse of standard?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources