State v. Lively

*1121*378Defendant appeals a judgment of conviction for unlawful cutting and transport of special forest products. ORS 164.813(2). Defendant was charged by information with "remov[ing] a special forest product, to wit: a cedar stump" without a permit. In defendant's sole assignment of error, he argues that the trial court impermissibly amended the charging instrument by instructing the jury on the definition of "harvest" under ORS 164.813(1)(a) because the charging instrument pleaded only removal, and not harvest, as the state's theory of defendant's culpable conduct. The state argues that the…