Gibbs v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, David L. Gibbs (Gibbs), appeals his conviction for arson, a Class B felony, Ind.Code § 35-43-1-1.

We reverse and remand for a new trial.

ISSUES

Gibbs raises two issues on appeal, which we restate as follows:(1) Whether the trial court erred in declaring him competent to stand trial; and(2) Whether the trial court erred in allowing the State to amend its Information after it read the charges to the jury during voir dire.

FACTS AND PROCEDURAL HISTORY

In May of 2009, Gibbs lived by himself in an apartment within a multi-family residence…