Fowler v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Donyea Fowler appeals his convictions, after a jury trial, of auto theft and battery, both as class D felonies. The State cross-appeals the trial court’s judgment on the evidence for the charge of resisting law enforcement, as a class D felony.

We reverse and remand.

ISSUES

1. Whether the trial court erred when it allowed the State to amend the charging information.

2. Whether the trial court erred in granting Fowler’s motion for judgment on the evidence.

FACTS

In April of 2005, law enforcement officers from the U.S. Marshals Service, Indiana State Police,…