State v. Hockaday

¶1 In State v. Hockaday, 144 Wn. App. 918, 184 P.3d 1273, we held that the State’s amendment of the information after it had rested its case was not reversible error because the defendant knew about and agreed to this amendment before the State rested. We concluded that because of this preceding agreement, the per se prejudice standard announced in State v. Pelkey, 109 Wn.2d 484, 745 P.2d 854 (1987), did not apply.

Hunt, J.

¶2 The Washington Supreme Court has now remanded to us to reconsider our 2008 opinion in light of State v. Quismundo, 164 Wn.2d 499, 192 P.3d 342 (2008). State v. Hockaday,…