California Codes
Cal. Penal Code § 969a (2026)
✓ current as of May 2026
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Whenever it shall be discovered that a pending indictment or information does not charge all prior felonies of which the defendant has been convicted either in this State or elsewhere, said indictment or information may be forthwith amended to charge such prior conviction or convictions, and if such amendment is made it shall be made upon order of the court, and no action of the grand jury (in the case of an indictment) shall be necessary. Defendant shall promptly be rearraigned on such information or indictment as amended and be required to plead thereto.
Notes of Decisions
Cited in 15
cases, 1948–2017 · leading case: Michael Cuero v. Matthew Cate, 827 F.3d 879 (9th Cir. 2016).
Michael Cuero v. Matthew Cate, 827 F.3d 879 (9th Cir. 2016). “See Cal. Penal Code §§ 969a, 969.5(a), 1009. “Under section 1009, the People may amend an information without leave of court prior to entry of a defendant’s plea, and the trial court may permit an amendment of an information at any stage of the proceedings.”
People v. Casillas, 2001 Cal. Daily Op. Serv. 7970 (Cal. Ct. App. 2001). “(Pen. Code, § 969a; 7 Stats. 1927, ch. 631, § 1, p.”
People v. Masters, 195 Cal. App. 3d 1124 (Cal. Ct. App. 1987). “Consequently, I conclude that during the in chambers *1135 discussion resulting in the court's assent to the proposed plea bargain, the multiple victims exception was never made a serious topic of consideration. Surely, in light of the case law's "alleged, proved and found to be…”
People v. Tindall, 14 P.3d 207 (Cal. 2000). “" (Pen.Code, § 969a (hereafter all unspecified statutory references are to the Penal Code).”
Michael Cuero v. Matthew Cate, 850 F.3d 1019 (9th Cir. 2017). “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. Shaw, 182 Cal. App. 3d 682 (Cal. Ct. App. 1986). “As the court recognized, in response to the People’s concern that priors would be required to be charged and proved at the preliminary hearing, “[a] specific statutory provision, however, permits amendment of the information and rearraignment of the defendant ‘ Whenever it shall…”
People v. Superior Court (Alvarado), 207 Cal. App. 3d 464 (Cal. Ct. App. 1989). “(Pen. Code, § 969a.)” In People v. Mays (1962) 205 Cal.”
Guillory v. Superior Court, 72 P.3d 815 (Cal. 2003). “(Pen. Code, § 969a.) He may also seek dismissal of the action in furtherance of justice.”
People v. Martin, 87 Cal. App. 3d 573 (Cal. Ct. App. 1978). “Prior to 1931, Penal Code section 969a 6 permitted the filing of supplemental informations alleging a defendant had suffered prior convictions as long as the sentence on the substantive charge had not expired.”
Ervin v. Superior Court, 119 Cal. App. 3d 78 (Cal. Ct. App. 1981). “The statutes covering prior convictions provide that at any time while an information or indictment is pending priors may be added “upon order of the court” *87 (Pen. Code, § 969a), and that a prior may.”
People v. Stoddard, 192 P.2d 472 (Cal. Ct. App. 1948). “(Pen. Code, § 969a.) If the defendant admits a prior no reference may be made thereto in reading the accusation of the offense charged—in this case forgery.”
People v. Harris, 199 Cal. App. 2d 474 (Cal. Ct. App. 1962). “(Pen. Code, § 969a.) The judgment is affirmed.”
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