(CC CR0313871, CR0314194; CA A129452 (Control), A129453, A129454; SC S055487).

199 P.3d 311 (2008)

345 Or. 479

STATE of Oregon, Respondent on Review, v. Veniamin N. KUZNETSOV, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 18, 2008.

Attorney(s) appearing for the Case

Kristin A. Carveth, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services, Legal Services Division.

David B. Thompson, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.


In this case, we address whether Article VII (Amended), section 5, of the Oregon Constitution prohibits a trial court from allowing a substantive amendment to an information charging a misdemeanor and, if not, whether the trial court has authority to do so.

The facts that present those issues arose in April 2003, when defendant drove his vehicle into the side of victim's minivan, injuring victim severely enough to require hospitalization. In December...

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