State v. Ruth

SHRUM, Presiding Judge.

The defendant Clifford James Ruth was found guilty by a jury of felony stealing and sentenced as a prior offender to a term of six years with the Department of Corrections. He appeals, contending the trial court erred in permitting the state to amend its information on the day of trial and in denying his oral motion for a continuance. We conclude the trial court did not abuse its discretion in either matter, and we affirm the judgment.

FACTS

On May 7, 1990, the defendant was charged with stealing a truck cab “sleeper” in violation of § 570.030.1.1 The information also…