Dugan

In the absence of some showing of prejudice, a jury conviction of first degree robbery should not be set aside merely because defendant’s plea of not guilty to the amended information was made in chambers instead of in open court as required by Penal Code sections 1017 and 1018. We, of course, are not concerned here with a plea of guilty.

Defendant had previously pleaded not guilty to the information in open court. However, he was again arraigned when the information was amended by changing the amount obtained in the robbery from $300 to $200 and by adding that defendant had served a term in state prison on the first prior conviction charged in the original information.

We are of the opinion that the procedural error now complained of on appeal did not in any way prejudice defendant or result in a miscarriage of justice. (Cal. Const., art. VI, §4%.)

Defendant had been charged in a prior action with the same offense and the information therein was set aside by order of the superior court pursuant to a motion made by defendant under Penal Code section 995. However, section 999 of the Penal Code provides that such an order “is no bar to a future prosecution for the same offense.’’…