State v. Dwayne Noble Banks

WALTERS, Chief Judge.

Dwayne Banks was arrested and charged with rape by means of force. At trial, just before resting the state’s case, the prosecutor moved to amend the Information to reflect that the victim was fifteen years old. The amendment was allowed. Thereafter, the jury found Banks guilty of statutory rape, I.C. § 18-6101(1). Banks appeals, contending the trial court erred by permitting the information to be amended. We hold that the court did not err. We affirm the judgment.

Early one evenin'g, a fifteen-year old female acquaintance accompanied Banks to his residence. Later, at about…