P. v. Solorio
A complaint was filed charging appellant with possession of a switchblade knife, a misdemeanor. After appellant had been arraigned and pled not guilty, the prosecution filed an amended complaint based on the same facts, without notice to appellant or leave of court, charging appellant with possession of a concealed dirk or dagger, a felony. Appellant demurred to the amended complaint, and moved to dismiss on the ground that he had not received a preliminary hearing within 10 days of his arraignment. The trial court overruled the demurrer and denied the motion to dismiss. After this court denied appellant’s petition for a writ of prohibition, appellant entered into a plea bargain, reserving his right to appeal. The trial court granted a certificate of probable cause.
Appellant contends that the trial court erred in permitting the prosecution to amend its misdemeanor complaint to charge a felony in the same proceeding. We conclude appellant has not shown he was prejudiced by any irregularity in the proceedings, and therefore affirm.
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