State v. Freeney

OPINION

WINTHROP, Presiding Judge.

¶ 1 Mark Allen Freeney (“Appellant”) appeals from his conviction and sentence for aggravated assault. He contends that his conviction should be vacated because the trial court violated his Sixth Anendment right to notice in allowing the State to amend the indictment before jury voir- dire on the first day of trial, changing the theory of the underlying assault from “[ijntentionally placing another person in reasonable apprehension of imminent physical injury” to “Lijntentionally, knowingly or recklessly causing any physical injury to another person.” For the…