Washington v. Alvarado

SCHULTHEIS, J. --After a jury trial, Francisco Alvarado was convicted in Walla Walla County Superior Court on one count of residential burglary and one count of second degree theft. The information was amended four times over the span of 6 weeks. Mr. Alvarado contends: (1) court approval is required prior to amending an information and none was obtained until the eve of trial; (2) he was substantially prejudiced by an amendment immediately prior to trial, or alternatively, prejudice should be presumed; and (3) the criminal rules of procedure do not allow for amendment of an information in a manner so as to allege new charges on the first day of trial. We affirm.