State v. Peluso

Summary

The court held that the trial court abused its discretion by allowing the state to amend the charging information after trial began, because the state knew weeks earlier that the alleged time frame was inaccurate and lacked good cause for delaying the amendment. The amendment also prejudiced the defendant because the timing of the alleged abuse was central to his defense, even though time was not an element of the offenses and he did not assert a traditional alibi. The conviction was reversed and the case remanded for a new trial.