State v. Nelson-Waggoner

In State v. Nelson-Waggoner, 2004 UT 29, 94 P.3d 186, the defendant challenged the State's attempt to narrow the claimed dates of a rape by amending the information. The defendant argued that his alibi defense would be undermined by the amended information because the alibi testimony covered a period outside the dates for the offense in the amended information. Id. The Court turned this argument away. Id. The Court held that where a defendant is initially required to defend against a crime potentially committed within a range of possible dates, and the amended information refines the field of dates within the initial range, the defendant's defense is not prejudiced. Id.