People v. Bailey

This appeal was instituted by the defendant, Dennis Bailey, after he was sentenced to a determinate 5-year term of imprisonment upon a finding of guilty of burglary. Originally, the indictment charged that the defendant knowingly and without authority entered a motor vehicle of Donna Tabor. At the opening of trial, the prosecutor’s oral motion to strike the words “of Donna Tabor” was allowed over the defendant’s objection. Subsequently, in motions for a new trial and in arrest of judgment, the defendant asserted that the altered indictment failed to inform the defendant of the charge because…