Legal Opinion
People v. Hernandez
Appellate Division of the Superior Court of California
Decided January 10, 1985No. Crim. A. No. 21035PublishedCited by 6 opinions
1Opinion of the Court
Opinion
SHABO, J.
The People appeal from an order of the trial court dismissing the charge of violating Vehicle Code section 23102, subdivision (a) (driving *Supp. 4under the influence of alcohol) and adding a charge of violating Vehicle Code section 23103 (reckless driving) as well as from the judgment based on that order. They contend that the court improperly amended the complaint, over the People’s objection, to allow defendant to plead nolo contendere to a lesser crime than the one with which he was originally charged. We agree and reverse the order and judgment. We also explain why we…
2Cases cited57 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- State v. ChappleArizona Supreme Court · 1983
- People v. OrinCalifornia Supreme Court · 1975
- Commonwealth v. PoundsSupreme Court of Pennsylvania · 1980
- Townsend v. Superior CourtCalifornia Supreme Court · 1975
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3Cited by6 opinions
- People v. Superior Court (Arevalos)California Court of Appeal · 1996
- People v. Bilbrey, California Court of Appeal, 5th District2018
- People v. Superior Court (Gonzales)California Court of Appeal · 1991
- Ace Beverage Co. v. Municipal CourtCalifornia Court of Appeal · 1993
- People v. BilbreyCalifornia Court of Appeal · 2018
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