October 04, 2005, 16:19
scott33Question regarding notice for SCHOOL ZONE Enhancement
Defendant is charged with poss. of marihuana. Indictment does NOT allege it was near a school/park.
Trial has just begun, and I would like to enhance the offense w/ the school enhancement. Can I do it in the middle of trial, if so what is the best way?
Thanks,
Scott Greenbaum
crimlaws@lawyer.com
October 04, 2005, 16:34
SAProsecutorIt is too late to do it. I think you can ask the defense attorney if he will agree to amending the information but he would be a fool to agree to that.
October 04, 2005, 16:36
SAProsecutorAlways check your information before going to trial. That would have been a nice Class A allegation to charge a jury with. Juries love defendants who bring weed on or near schools.