Practice question
A court proposes to appreciate a generic aggravating circumstance never put in issue by the accusation, merely because it notices suggestive evidence. Which is the proper starting rule?
- The court may always replace the accusation at sentencing.
- Rule 110 requires qualifying and aggravating circumstances to be alleged; the court cannot treat generic status as automatic notice.
- All adverse facts in evidence necessarily are pleaded aggravations.
- Only qualifying circumstances need notice.
- The prosecutor’s closing argument automatically amends every information.
Legal references
- Rules of Court, Rule 110, Sections 7-15; Rule 116, Section 9; Rule 117, Sections 3(f) and 9; Rule 120, Section 3, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
Answer this question in flashcards to review your response and continue practicing.