State v. Amerson

FLANIGAN, Judge.

A jury found defendant guilty of sexual abuse in the first degree, § 566.100.1(2), 1 and the trial court imposed a four-year sentence. Defendant appeals.

Defendant asserts that the trial court erred in permitting the state, on the day of the trial, to amend the information so as to change the offense charged from rape, § 566.030, to sexual abuse in the first degree, § 566.100.1(2). The information, in its original form and as amended, alleged that the offense took place on July 4, 1982, in Pemiscot County. The original information charged that the defendant “had sexual…