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STATE v. FREENEY

No. CR-08-0363-PR.

219 P.3d 1039 (2009)

STATE of Arizona, Appellee, v. Mark Allen FREENEY, Appellant.

Supreme Court of Arizona, En Banc.

December 4, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Melissa Parham, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Kessler Law Offices by Eric W. Kessler, Mesa, Attorney for Mark Allen Freeney.

OPINION

PELANDER, Justice.

¶ 1 Absent the defendant's consent, a criminal "charge may be amended only to correct mistakes of fact or remedy formal or technical defects." Ariz. R.Crim. P. 13.5(b). In this case, the State moved to amend the indictment on the first day of trial to change the theory of the assault underlying its sole charge of aggravated assault. See Ariz.Rev. Stat. (A.R.S.) §§ 13-1203(A), 13-1204(A) (Supp.2008). The trial...

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