State v. O'GRADY

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

The State appeals a reserved question of law, pursuant to Indiana Code Section 35-38-4-2(4). Specifically, the State challenges the trial court’s ruling on the State’s request to amend the charging information to a lesser-included offense in response to the defendant’s motion for directed verdict. The State raises a single issue for our review, namely, whether the trial court erred in denying that request.

We reverse.

FACTS AND PROCEDURAL HISTORY

On January 18, 2007, the State charged Jason O’Grady with Battery, as a Class A misdemeanor. That charge…