State v. Jackson

FLANIGAN, Chief Judge.

Count I of the information charged defendant with attempted burglary in the second degree (§ 560.070; § 556.150)1 and Count II charged him with possession of a burglar’s tool (§ 560.115). A jury found defendant guilty under both counts. The punishment imposed was two years imprisonment for each offense, the terms to run consecutively. Defendant appeals.

Defendant’s first point is that Count I of the original information was fatally defective in that it failed to charge two elements of the offense and that the trial court erred in permitting the state to amend the…