California v. Rogers
Annotate this CaseA jury convicted defendant Daniel Rogers of (count 1) inflicting corporal injury to a cohabitant/child’s parent, (count 2) false imprisonment by violence or menace, (count 3) assault with force likely to produce great bodily injury, and (count 4) simple assault, a lesser included offense to assault with a deadly weapon. The jury also found true allegations that defendant inflicted great bodily injury under circumstances involving domestic violence and served a prior prison term. On appeal, defendant argued he received ineffective assistance of trial counsel because counsel failed to object to the prosecution’s motion to amend the information to add counts 3 and 4 and the GBI enhancement after defendant waived a preliminary hearing. Defendant asked that the entire judgment be reversed, or alternatively, that his convictions for the new charges be struck. The State conceded that the information could not be amended to add the new charges, but argued that complete reversal was unprecedented, and the appropriate remedy was to strike the improper charges. As for the GBI enhancement, the State contended that it was properly added to the information, even though defendant had waived his preliminary hearing. After review, the Court of Appeal argued that when a defendant waived his or her right to a preliminary hearing, an information cannot thereafter be amended to add conduct enhancement allegations. Accordingly, the Court ordered that the GBI enhancement be struck along with counts 3 and 4. Because the Court concluded that defendant suffered no prejudice by the inappropriate amendments, it affirmed the convictions on the original charges and the prior prison term enhancement. The case was remanded for resentencing because defendant’s sentence on this case was part of a global settlement involving other cases.
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