Colorado v. Washam

Defendant-appellant James Washam, III was charged by information with twelve counts of sexual assault on a child. A portion of the charged date range fell outside of the applicable statute of limitations. After trial began, the prosecution successfully moved to amend the information, narrowing the date range so that it fell completely within the statute. Ultimately, Washam was convicted on all twelve counts. He appealed, arguing that under Colorado Rule of Criminal Procedure 7(e), the amendment to the date rate was a substantive amendment, and thus the trial court abused its discretion in allowing the change once trial began. A majority of the Court of Appeals agreed and vacated the convictions, further ordering the charges be dismissed with prejudice. The State appealed. Upon review, the Colorado Supreme Court concluded that because the amendment simply narrowed the date range in the information (and did not add an essential element to the offense or raise issues of inadequate notice), the amendment to the information was one of form and not substance. Furthermore, the Court found Washam’s substantial rights were not prejudiced, nor did the trial court abuse its discretion in allowing the amendment after trial began. The Court of Appeals was reversed and the matter remanded for further proceedings. View "Colorado v. Washam" on Justia Law