State v. Woodson

Defendant appeals his conviction for attempted rape in the first degree. ORS 163.375; ORS 161.405. He contends that the court erred by amending the indictment. We reverse.

In a two-count indictment, defendant was charged with rape in the first degree (Count 1) and assault in the fourth degree (Count 2). Just as the trial was starting, but before voir dire of the jury panel, the prosecutor told the court that the state had intended to charge defendant with attempted rape in the first degree but, because of a scrivener’s error, the grand jury indictment charged the completed crime. The court,…