State v. Folson

ROBERT G. ULRICH, Judge.

Robert Folson appeals his conviction following a jury trial for second-degree assault, section 565.060.2, RSMo 2000, and sentence as a prior and persistent offender to eight years imprisonment. He raises two points on appeal. He claims that the trial court abused its discretion in allowing the State to amend the information the day before trial changing the description of the weapon from “deadly weapon” to “dangerous instrument.” He also claims that the trial court erred in overruling his motion for judgment of acquittal because the evidence was insufficient to support…