State v. Martinez

Defendant appeals his conviction for the crime of felony driving while suspended, ORS 487.560, contending that the trial court erred in granting the state’s pretrial motion to amend the indictment. Because we conclude that the change made in the indictment was one of substance rather than of form, we reverse.

The indictment charged defendant with feloniously driving a motor vehicle during a period when his license had been revoked “by the Motor Vehicles Division.” On the morning of trial, the prosecutor moved to amend the indictment by deleting the allegation “by the Motor Vehicles Division.”…