California, United States of America
The following excerpt is from People v. Zumaya, B215810, No. GA068911 (Cal. App. 2010):
that one accused of a crime must be "informed of the nature and cause of the accusation." [Citation.] Due process of law requires that an accused be advised of the charges against him so that he has a reasonable opportunity to prepare and present his defense and not be taken by surprise by evidence offered at his trial.' [Citation.]" (People v. Seaton (2001) 26 Cal.4th 598, 640-641.)
A charge of attempted murder by itself does not provide sufficient notice of attempted willful, deliberate and premeditated murder. "Subdivision (a) of section 664 of the Penal Code (section 664(a)) provides that, as a general matter, a person guilty of attempted murder must be punished by imprisonment for five, seven, or nine years. It goes on to provide, however, that, 'if the [murder] attempted is willful, deliberate, and premeditated..., the person guilty of that attempt shall be punished by imprisonment... for life.... The additional term provided... for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact.'" (People v. Lee (2003) 31 Cal.4th 613, 616, fn. omitted.)
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