CHILDREN AND THE LAW
...Delinquency Matters
......Jurisdictional Hearing
.........Amendment of Petition
5 Cards On This Topic:
  • After close of evidence, DA may not amend 602 petition to allege different offense not necessarily included within alleged offense.
  • Although evidence did not support M inflicted battery with injury on O by spitting in his eye where no injury shown, amendment did not violate DP.
  • No abuse of discretion in permitting late amendment of delinquency petition to allege a PC §12022(a) enhancement where M was on notice it was a lesser included offense of the charged §12022(b) enhancement.
  • DA did not violate PC 654's bar to multiple prosecutions by amending juvenile petition where proceedings on 1st petition were not yet concluded when the amended petition was filed.
  • Minor’s due process rights violated by mid-trial amendment of wardship petition to add new, related charge.