Wilkinson v. State

The majority, relying on Sharp v. State,2 holds that the State may amend an information on the day of trial as long as the amendment does not affect a defense which was already available to the defendant under the original information. I do not believe the Sharp test for determining prejudice from a last-minute amendment of the charges is so limited. A defendant’s ability to defend himself may also be substantially prejudiced where, as here, the State amends the charges to give rise to a potential defense the defendant could not have been prepared to pursue. For that reason, I must dissent.

Whe…