August 25, 2019

Colorado Supreme Court: Amendment to Information Narrowing Date Range Did Not Affect Defendant’s Substantial Rights

The Colorado Supreme Court issued its opinion in People v. Washam on Monday, March 19, 2018.

Crim. P. 7(e)—Time-Allegation Amendments.

In this case, the supreme court considered whether an amendment to an information narrowing the date range after trial began was permissible under Crim. P. 7(e). To do so, as required under Rule 7(e), the court analyzed whether the amendment was one of form or substance and whether it prejudiced defendant’s substantial rights. Because the amendment simply narrowed the date range in the information and did not prejudice defendant’s substantial rights, the court concluded that the amendment was one of form and was permissible after trial began. Hence, the trial court did not abuse its discretion in permitting the amendment to the information.

Summary provided courtesy of Colorado Lawyer.

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