State v. Freeney

OPINION

PELANDER, Justice.

¶ 1 Absent the defendant’s consent, a criminal “charge may be amended only to correct mistakes of fact or remedy formal or technical defects.” Ariz. R.Crim. P. 13.5(b). In this case, the State moved to amend the indictment on the first day of trial to change the theory of the assault underlying its sole charge of aggravated assault. See Ariz.Rev. Stat. (A.R.S.) §§ 13-1203CA), 13-1204(A) (Supp.2008). The trial court granted the motion, over Mark Allen Freeney’s objection, and the jury found him guilty of the amended charge.

¶ 2 Because the elements of the amended charge…