Swenson v. State

Green, J.:

Nathaniel Swenson appeals from the trial court’s denial of his K.S.A. 60-1507 motion. First, Swenson argues that the trial court in his underlying criminal case should not have allowed the State to amend the complaint. We determine that the State’s amendment of the complaint before trial to charge attempted first-degree murder was proper as there was no indication from the record that Swenson’s substantial rights were prejudiced. Moreover, Swenson’s argument relating to the State’s amendment of the complaint during trial to alternatively charge aggravated battery is moot because…