State v. Kuznetsov

In this case, we address whether Article VII (Amended), section 5, of the Oregon Constitution prohibits a trial court from allowing a substantive amendment to an information charging a misdemeanor and, if not, whether the trial court has authority to do so.

The facts that present those issues arose in April 2003, when defendant drove his vehicle into the side of victim’s minivan, injuring victim severely enough to require hospitalization. In December 2003, the state charged defendant by information with multiple misdemeanor offenses arising out of the collision, including fourth-degree…