Ngoc C. Thach v. State of Florida

Supreme Court of Florida ____________ No. SC20-1656 ____________ NGOC C. THACH, Petitioner, vs. STATE OF FLORIDA, Respondent. June 30, 2022 GROSSHANS, J. In this case, we consider whether midtrial amendments to a charging document that alter the elements of a criminal offense are per se prejudicial. For the reasons explained below, we hold that any such amendments should be assessed on a case-by-case basis to determine, based on the totality of the circumstances, if they prejudice the substantial rights of the defendant. Consistent with our holding, we approve the First District Court of…