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STATE v. SANDERS

No. 1CA-CR 00-0326.

68 P.3d 434 (2003)

205 Ariz. 208

STATE of Arizona, Appellee, v. John R. SANDERS, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

As Amended May 22, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Kerri L. Cox, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

SULT, Judge.

¶ 1 In this opinion we address the interplay between the notice requirement of the Sixth Amendment to the United States Constitution and that portion of Rule 13.5(b) of the Arizona Rules of Criminal Procedure governing amendments to an indictment or information. We hold that an amendment proposed mid-trial that changes the nature of the original charge deprives an accused of the type of notice and opportunity to prepare a defense...

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