context: P 28 Unlike the situation in Sanders, Freeney has never suggested that the amendment affected, let alone prejudiced, his litigation strategy, trial preparation, examination of witnesses, or argument; nor did he request a trial continuance or recess. Further, his "all or nothing" defense, based on his assertion that someone other than he was the perpetrator, did not change as a result of the amended charge.
citation_a.signal: see
citation_a.parenthetical: no showing defense was prejudiced by allegedly duplicitous indictment when defendant claimed he had not committed charged acts
citation_a.sentence: See State v. Ramsey, 211 Ariz. 529, 533 ¶ 7, 124 P.3d 756, 760 (App. 2005) (no showing defense was prejudiced by allegedly duplicitous indictment when defendant claimed he had not committed charged acts); cf. Johnson, 198 Ariz. at 248-49 ¶ 12, 8 P.3d at 1162-63 (although defendant denied having engaged in any sexual acts with victim, court found he was prejudiced by amendment of information after state rested its ease because the amendment’s timing “seriously undercut [defendant’s] opportunity to attack the victim’s inconsistent statements ... and inhibited his right to defend himself against her accusations”).
citation_b.signal: cf.
citation_b.identifier: 8 P.3d 1162, 1162-63
citation_b.parenthetical: although defendant denied having engaged in any sexual acts with victim, court found he was prejudiced by amendment of information after state rested its ease because the amendment's timing "seriously undercut [defendant's] opportunity to attack the victim's inconsistent statements ... and inhibited his right to defend himself against her accusations"
citation_b.sentence: See State v. Ramsey, 211 Ariz. 529, 533 ¶ 7, 124 P.3d 756, 760 (App. 2005) (no showing defense was prejudiced by allegedly duplicitous indictment when defendant claimed he had not committed charged acts); cf. Johnson, 198 Ariz. at 248-49 ¶ 12, 8 P.3d at 1162-63 (although defendant denied having engaged in any sexual acts with victim, court found he was prejudiced by amendment of information after state rested its ease because the amendment’s timing “seriously undercut [defendant’s] opportunity to attack the victim’s inconsistent statements ... and inhibited his right to defend himself against her accusations”).