STATE v. DEER

No. 63737-1-I.

244 P.3d 965 (2010)

STATE of Washington, Respondent, v. Lindy E. DEER, Appellant.

Court of Appeals of Washington, Division 1.

December 13, 2010.


Attorney(s) appearing for the Case

Lila J. Silverstein , Washington Appellate Project, Seattle, WA, for Appellant.

Andrea R. Vitalich , King County Prosecutor's Office, Seattle, WA, for Respondent.


DWYER, C.J.

¶ 1 Except in limited circumstances, a criminal charge may not be amended after the State has rested its case. Here, the trial court permitted the State, after resting its case, to amend the information charging Lindy Deer with rape of a child in the third degree. Neither circumstance in which such an amendment is permitted was extant. Accordingly, we reverse and remand with instructions to dismiss the case...

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