Roberts v. State

The Supreme Court affirmed Defendant's conviction of one count of sexual assault in the third degree, holding that the district court did not err when it allowed the State to amend the felony information before submitting the case to the jury.

The State charged Defendant by felony information with three identical counts of sexual assault in the third degree. Before trial, the district court asked the State to differentiate the charges, but the court did not act immediately on the request. After the State's presentation of evidence Defendant moved for a judgment of acquittal on the ground that the felony information did not differentiate between the counts. The district court denied the motion and granted the State's motion to amend the felony information. After Defendant was convicted he appealed. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion when it allowed the State to amend the felony information during trial; and (2) Defendant's substantial rights were not prejudiced by the amendment.