State v. Gates

ZACHARY, Judge.

*525 Where there was evidence to support a finding that the victim suffered serious personal injury, the trial court did not err in instructing the *526 jury on first-degree sexual offense. Where time was not of the essence, and defendant did not allege prejudice, the State's failure to physically amend the indictment as ordered by the trial court to remedy a discrepancy between the date of offense alleged in the indictment and that supported by the State's evidence was not fatal and did not deprive the trial court of jurisdiction.

I. Factual and Procedural Background

On 13 July 2013,…