State v. Guthrie

ANDERSON, J.:

Brent P. Guthrie was convicted of first degree burglary. On appeal, he contends the trial court lacked subject matter jurisdiction because the State improperly amended his indictment at trial. We reverse.

*106 FACTS/PROCEDURAL BACKGROUND

Guthrie, Mark Veit, and Jerry Lambert broke into Ed Tannery’s fishing cabin during the evening sometime between January 13 and January 15, 1999. The three men removed beer, a tackle box, fishing rods, and several other items from the cabin. They filled their truck with these items, deposited them in Veit’s hotel room, and returned to the cabin a second…