George A. Nunley v. State of Indiana

OPINION

ROBB, Chief Judge.

The State has petitioned this court for rehearing of our decision dated October 2, 2013. In our opinion we held, in relevant part, that the trial court erred in allowing the State to amend the habitual offender allegation after the jury was empaneled. Nunley v. State, 995 N.E.2d 718, 726 (Ind.Ct.App.2013). We concluded that the amendment was made after the commencement of trial and that it prejudiced Nunley’s substantial rights and therefore was not allowed under any subsection of Indiana Code section 35-34-1-5, which deals with amendments to an information.…