State v. Reichenbacher

Defendant appeals from his conviction by a jury of assault in the first degree and sentence of 10 years imprisonment.

Defendant’s decisive contention is that the trial court lacked jurisdiction to try him and convict him for assault in the first degree because the operative information charged him only with assault in the second degree. Some recitation of the background of this contention is required.

Defendant was initially charged by indictment with assault in the first degree. Pursuant to a plea bargain an information in lieu of indictment was subsequently filed charging defendant with…