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STATE v. PETERSON

No. 64453-5.

948 P.2d 381 (1997)

133 Wash.2d 885

STATE of Washington, Petitioner, v. Paul E. PETERSON, Respondent.

Supreme Court of Washington, En Banc.

Decided December 18, 1997.

Attorney(s) appearing for the Case

John Knodell, Grant County Prosecutor, Ephrata, for petitioner.

Paul J. Wasson, II, Spokane, for respondent.

MADSEN, Justice.

The State petitions for review of a Court of Appeals decision vacating Defendant Paul Peterson's second degree assault conviction. The court held that an amendment of the information to the inferior degree crime of second degree assault after the judge had reached his verdict was untimely. We reverse.

FACTS

Defendant was originally charged by information with the crime of first degree assault. On the day of trial, the judge granted...

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