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California Appeals Court Rules that DA Cannot "Surprise Defendant" With New Torture Charges

By Walin & Klarich

Criminal defense attorney files writ to have charges missed due to unfair surprise A California Court of Appeals recently reviewed a writ of prohibition to restrain the Superior Court of San Diego County from proceeding further on torture charges that were pending against Augustin Robert Quinones. Quinones was originally charged with assault with a deadly weapon by means of force likely to produce great bodily injury. The charges came soon after an incident in which Quinones drove his van into a man causing him to fall back a few feet and go under the van. The preliminary hearing was held about six months after the defendant was arrested. Five months after the preliminary hearing, a different prosecutor filed amended information adding a charge of torture and one of attempted murder to the original assault charge...continue to full post

Full post as published by Southern California Criminal Defense Blog on October 27, 2008 (boomark / email).