State v. Stoppleworth

MESCHKE, Justice.

Leo D. Stoppleworth appealed from a jury conviction of gross sexual imposition, seeking a new trial with instructions on lesser included offenses. We affirm.

Stoppleworth was charged with a class A felony of gross sexual imposition, which requires a “sexual act”. 1 During a recess in the selection of the jury, the State moved to amend the information to also charge the class B felony of gross sexual imposition, which requires “sexual contact.” De fense counsel resisted. 2 The trial court denied the State’s motion to amend the information, after the following colloquy:

[DEFENSE…