Amendment of criminal complaint
On appeal from a judgment of conviction of first degree burglary, defendant claimed, among other things, that the trial court committed plain error by allowing the state to amend the complaint to add an additional or different offense after the state rested its case. Defendant did not object to the amendment at trial. The trial court allowed the state to amend the complaint so that it contained two counts of burglary with assault; the original complaint’s statement of probable cause listed two victims. The Minnesota Court of Appeals, located in Minneapolis, Minnesota, held that there was no error because the amendment did not allege an additional or different charge. Affirmed.
State v. Markham, A16-1458, Dakota County.
Lynne Torgerson, Esq. was not attorney of record in this case.