California Court of Appeal

In this case, defendant-minor appeals from an order of wardship entered pursuant to Welfare and Institutions Code section 602, following the juvenile court's finding that defendant committed felony second degree robbery with an enhancement for being armed with a firearm in the commission of a felony. The juvenile court’s decision to allow the prosecution to amend defendant's delinquency petition during closing arguments to allege the arming enhancement rather than the personal-use-of-a-deadly-weapon enhancement that was originally charged is affirmed, where: 1) under the present facts and the accusatory pleading test, the arming enhancement is a lesser included offense of the charged personal-use-of-a-deadly-weapon enhancement; and 2) defendant was adequately apprised that the prosecution was seeking to prove elements which would establish the arming enhancement, so there was no lack of notice or due process violation.

Appellate Information

• Decided 01/21/2015
• Published 01/21/2015

Judges

• Reardon

Court

• California Court of Appeal

Counsel