State v. Hardground
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The Supreme Court reversed the judgment of the district court convicting Defendant for failure of sexual offender to provide notice of change of residence, holding that the district court abused its discretion by granting the State’s motion to amend the information on the day of trial and immediately prior to opening statements.
In allowing the amendment, the district court concluded that changing the offense date in the information from December 19, 2013 to August 5, 2014 was an amendment of form, not substance. Therefore, the court concluded, the court had the discretion to allow the amendment on the day of trial and that Defendant’s substantial rights had not been prejudiced. The Supreme Court disagreed, holding that the amendment to the date was one of substance, and therefore, the district court abused its discretion in allowing the State to amend the information on the day of trial.
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