An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave of court at any time before the defendant pleads or a demurrer to the original pleading is sustained. The court in which an action is pending may order or permit an amendment of an indictment, accusation or information, or the filing of an amended complaint, for any defect or insufficiency, at any stage of the proceedings, or if the defect in an indictment or information be one that cannot be remedied by amendment, may order the case submitted to the same or another grand jury, or a new information to be filed. The defendant shall be required to plead to such amendment or amended pleading forthwith, or, at the time fixed for pleading, if the defendant has not yet pleaded and the trial or other proceeding shall continue as if the pleading had been originally filed as amended, unless the substantial rights of the defendant would be prejudiced thereby, in which event a reasonable postponement, not longer than the ends of justice require, may be granted. An indictment or accusation cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination. A complaint cannot be amended to charge an offense not attempted to be charged by the original complaint, except that separate counts may be added which might properly have been joined in the original complaint. The amended complaint must be verified but may be verified by some person other than the one who made oath to the original complaint.
Notes of Decisions
Cited in
60
cases (
1 in the last 5 years), 1959–2021 · leading case:
People v. Anderson, 470 P.3d 2 (Cal. 2020).
People v. Anderson, 470 P.3d 2 (Cal. 2020).
“” (Pen. Code, § 1009.) After the defendant has entered a plea, amending the accusatory pleading requires leave of court, which may be granted or denied in the court’s discretion provided the amendment does not “change the offense charged” or otherwise prejudice the defendant’s…”
People v. Chadd, 621 P.2d 837 (Cal. 1981).
· cites it 2× “(Pen. Code, § 1009.) An amendment adding allegations tolling the statute of limitations does not "change the offense charged" ( People v.”
People v. Gordon, 165 Cal. App. 3d 839 (Cal. Ct. App. 1985).
· cites it 2× “Thus, "Penal Code section 1009 permits an amendment to an information to add another offense shown by the evidence at the preliminary hearing.”
People v. Flowers, 14 Cal. App. 3d 1017 (Cal. Ct. App. 1971).
· cites it 4× “Penal Code section 1009 1 controls the amendment of an information *1020 by the district attorney.”
People v. Hamernik, 1 Cal. App. 5th 412 (Cal. Ct. App. 2016).
“Penal Code section 1009 provides in relevant part: “An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave of court at any time before the defendant pleads or a demurrer…”
People v. Park, 87 Cal. App. 3d 550 (Cal. Ct. App. 1978).
“In the second place, respondent’s argument notwithstanding, the trial court may permit the amendment of the information or the filing of an amended complaint at any stage of the proceedings for any defect or *572 insufficiency except that the accusation cannot be amended so as…”
Michael Cuero v. Matthew Cate, 850 F.3d 1019 (9th Cir. 2017).
· cites it 2× “Further, the California Court of Appeal has affirmed amendments to add strikes under California Penal Code section 969a, which employs the same “does not charge all prior felonies of which 30 CUERO V.”
People v. Lomboy, 116 Cal. App. 3d 67 (Cal. Ct. App. 1981).
· cites it 2× “(Pen. Code, § 1009; People v. Walker (1959) 170 Cal.”
People v. Hall, 95 Cal. App. 3d 299 (Cal. Ct. App. 1979).
“We need not determine on this appeal whether the addition of an allegation concerning the infliction of great bodily injury would be a change of the offense charged if done in violation of Penal Code section 1009. Under the facts of this case, the amendment was properly allowed.”
People v. Man J., 149 Cal. App. 3d 475 (Cal. Ct. App. 1983).
“) With the limitations applicable to charging new offenses, the discretion of the court in criminal proceedings to permit amendments of the accusatory pleading “for any defect or insufficiency” (Pen. Code, § 1009) is broad, and absent a clear abuse of discretion, is almost…”
People v. Morgan, 75 Cal. App. 3d 32 (Cal. Ct. App. 1977).
“) Penal Code section 1009 permits the trial court to entertain an amendment of the information “at any stage of the proceedings,” but the *38 information cannot be amended to charge an offense not shown by the evidence at the preliminary hearing.”
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