State v. Thomas

*34EDMONDS, J.

Defendant appeals from a judgment finding her guilty of theft in the third degree, a violation. ORS 164.043. Before defendant pled not guilty to the charge, the trial court, pursuant to ORS 161.565(2),1 amended the complaint to convert the charge from a misdemeanor to a violation. In a trial to the court, she was found guilty.2 Defendant argues that she was denied her constitutional rights under Article I, section 11, of the Oregon Constitution and the Fourteenth Amendment as a defendant in a criminal proceeding. We reverse.3

ORS 161.565(2) empowered the court to reduce a…