Albarran v. State
Annotate this CaseAppellant was charged with three crimes for his sexually-charged attack on his sister-in-law. The morning trial was to begin, the district court allowed the State to amend to Information to clarify that one of the charges was for aggravated burglary, not simply burglary. After a jury trial, Appellant was convicted of aggravated burglary, battery, and third-degree sexual assault. Appellant appealed, arguing that the district court erred by permitting amendment of the aggravated burglary charge. The Supreme Court affirmed, holding that the district court did not abuse its discretion or deprive Appellant of his due process rights by granting the State's motion to amend the Information before trial began.
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