State v. Peluso
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The Supreme Court reversed the judgment of the appellate court concluding that the State had demonstrated good cause to amend its information during trial and that Defendant's substantive rights would not be prejudiced by the late amendment, holding that a new trial was required.
After a jury trial, Defendant was convicted of two counts each of sexual assault in the first degree and sexual assault in the fourth degree and of three counts of risk of injury to a child. Defendant appealed, arguing that the trial court abused its discretion when it allowed the State to amend its information after the commencement of trial even though the State was aware that the time frame alleged in its information was inaccurate. The appellate court affirmed. The Supreme Court reversed, holding that the trial court abused its discretion in permitting the State's late amendment to its information.
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