State v. Garcia

Defendant appeals a judgment of conviction on a number of offenses. In the first assignment of error, he seeks reversal of the guilty verdict on first-degree burglary of a dwelling, ORS 164.225.1 Defendant challenges the trial court’s amendment of the indictment done as trial was about to commence. The amendment revised Count 3 from burglary “with the intent to commit the crime of assault therein” to burglary “with the intent to commit the crime of coercion therein.” (Emphases added.) Defendant argues that the change was impermissible because it was a substantive amendment, accomplished…