PETERSON BALTAZARE SIMBERT v. STATE OF FLORIDA

Appellant was charged with three counts of lewd or lascivious battery on-a child over twelve years old. After the victim testified, the state amended the information, over appellant’s .objection, to change one count from oral to digital penetration. Thus, we are asked to determine if the mid-trial amendment constituted prejudice to appellant. We find that in these circumstances, where the amendment changed an “essential element” of the charged crime and was not merely a clárification of some details, the amendment prejudiced appellant and thus we reverse count III. We further find the state’s…