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Member |
D atty was given notice ten days prior to trial, (actually 14 days). Motion to amend information was filed with the proposed language, along with the Order to amend with same language. Judge signed the order today. D atty is convinced that this is improper. He is telling our office that the signed order amending the information is not enough, and that we must draft a new complaint and information other than the Order and re-sign, file with the clerk and send him the new complaint/information based on the signed order - and THAT is proper notice, not the motion and proposed order served on him 14 days prior. I've never heard anything like this, sounds like fiction. Any truth? | ||
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Member |
i vote for fiction. and if that's not good enough, the CCA has voted fiction as well. at least twice. see Riney, 28 SW3d 561, and Perez, PD-1380-13 (May 14, 2014). although, after reading these opinions, d-counsel's argument might have been correct in the 90's. | |||
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Member |
The better practice is to amend by having judge write new language on the information or indictment. But, yes, you did enough to satisfy the notice requirement. | |||
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