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STATE v. GUTHRIE

No. 3560.

352 S.C. 103 (2002)

572 S.E.2d 309

The STATE, Respondent, v. Brent P. GUTHRIE, Appellant.

Court of Appeals of South Carolina.

Decided October 28, 2002.

Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Druanne D. White, of Anderson, for respondent.

ANDERSON, J.:

Brent P. Guthrie was convicted of first degree burglary. On appeal, he contends the trial court lacked subject matter jurisdiction because the State improperly amended his indictment at trial. We reverse.

FACTS/PROCEDURAL BACKGROUND

Guthrie, Mark Velt, and Jerry Lambert broke into Ed Tannery's fishing cabin during the evening sometime between January 13 and January 15, 1999. The...

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