State v. Woodson

Defendant appeals his conviction of attempted rape in the first degree. He contends that the trial court erred by amending the indictment. The issue is whether the amendment altered the substance of the indictment. The Court of Appeals concluded that the amendment altered the substance of the indictment and reversed. State v. Woodson, 113 Or App 688, 833 P2d 1339 (1992). For the reasons stated below, we reverse the Court of Appeals’ decision and affirm the trial court’s judgment.

The first formal charge against defendant was a District Attorney’s information dated May 30,1989, charging him…