State v. Thornton
Annotate this CaseAfter a jury trial, Defendant was convicted of one count of unlawful contact as a Class B offense and five counts of unlawful sexual contact as a Class C offense. During the trial, the prosecutor noticed that although Count IX purported to charge Defendant with a Class B offense based on the victim’s age, the time frame included in the portion of the indictment that described Count IX actually alleged that the victim had been twelve or thirteen years old on the relevant dates. The court subsequently allowed the State to amend the indictment to reduce the offense to a Class C unlawful sexual contact. Defendant appealed, arguing that the trial court erred in permitting the State to amend Count IX of the indictment. The Supreme Court affirmed the judgment as amended to correct a scrivener’s error, holding that the trial court did not err in granting the State’s motion to amend the indictment.
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