Brooks v. State

I dissent from the Majority Opinion for these reasons:

1. fundamental errors exists;

2. the trial court ignored due process;

3. the amendment statute was not followed.

The Majority Opinion recognizes that the Class D felony was not a lesser included offense of the Class C felony charged in the information. The affirmance of the conviction is justified by stating that there was an amendment to the information and that the defendant failed to object. It treats the attempted amendment by the State as one of form rather than one of substance. This is a regretable oversight by the Majority.…