State v. Peterson

— The State petitions for review of a Court of Appeals’ decision vacating Defendant Paul Peterson’s second degree assault conviction. The court held that an amendment of the information to the inferior degree crime of second degree assault after the judge had reached his verdict was untimely. We reverse.

FACTS

Defendant was originally charged by information with the crime of first degree assault. On the day of trial, the judge granted the State’s motion to amend the information to add an alternative count of attempted second degree murder. Defendant then waived his right to jury trial and the…