State v. AbordoAnnotate this Case
Defendant was found guilty of operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant. The intermediate court of appeals (ICA) vacated the district court’s judgment and remanded the case for a new trial based on the district court’s misstatement of the standard of proof. On certiorari, Defendant argued that the ICA erred in concluding that the district court properly allowed the State to amend the charge against Defendant to allege the required mens era for the offense. The Supreme Court affirmed, holding (1) the ICA correctly determined that the district court properly permitted the State to amend the charge; and (2) Defendant’s remaining claims lacked merit.