State v. Gonzales
In State v. Gonzales, 56 P. 3d 969, 971, 2002 UT App 256 (Utah App. 2002) the defendant was charged with first-degree murder.
After the prosecution rested its case, it requested an instruction allowing the jury to find the defendant guilty as an accomplice to murder. Id.
The Utah Court of Appeals determined that although the instruction was proper in that case, had the State changed its theory of the case, then a continuance should be granted in order to allow the defendant to tailor his defense to meet the State's amended theory. Id. at 973.