Fisher v. People.

2020 CO 70. No. 19SC98. Criminal Procedure—Charging Instruments—Amendments to the Information.

September 14, 2020

In this case, the Supreme Court considered whether an amendment to the information was permissible under Crim. P. 7(e). The amendment expanded the date range of the charged offenses and was made after trial had begun. The Court held that, while expanding the date range does not automatically prejudice a defendant’s substantial rights, under the totality of the circumstances here, the mid-trial amendment prejudiced Fisher’s substantial right to fully prepare and present his alibi defense.

Accordingly, the Court reversed the Court of Appeals’ judgment, vacated Fisher’s convictions, and remanded for a new trial.

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