Ngoc C. Thach v. State of Florida

Summary

The court held that a midtrial amendment changing the elements of a charged offense is not automatically prejudicial. Instead, prejudice must be determined case by case from the totality of the circumstances, and the court concluded that Thach was not prejudiced because the amended charges involved the same victims and incidents and his defense theory and trial conduct did not indicate a need for additional cross-examination or a continuance. The court approved the decision below and rejected the per se prejudice rule.