People v. Ardeleanu CA4/1

INTRODUCTION

Christian Theodor Ardeleanu was charged with three felony counts of

unlawful use of tear gas (Pen. Code, § 22810, subd. (g)(1); counts 1–3).1 After the preliminary hearing, he failed to appear at a trial readiness conference. The trial court then allowed the prosecution to amend the information to add a fourth charge for willful failure to appear on felony charges (§ 1320.5; count 4). The case proceeded to trial and a jury found Ardeleanu guilty of all four counts. On appeal from the judgment of conviction, Ardeleanu argues the court erred by allowing the prosecution to amend the information to add the charge of failure to appear. According to Ardeleanu, the court’s ruling violated section 1009 and impinged upon his constitutional due process rights because the new charge was not supported by evidence from the preliminary hearing. The People concede the court prejudicially erred. We agree. Therefore, we reverse the conviction for failure to appear (count 4) and remand the matter for resentencing on the three extant convictions (counts 1–3). II

BACKGROUND

On November 22, 2023, Ardeleanu was charged by complaint with three felony counts of unlawful use of tear gas…