Juvenile Law : Second-Degree Assault – Amended Charge – Right To Notice

Where a juvenile was charged with second-degree assault under Section 565.060.1(2) but found guilty by the trial court under section 565.060.1(3) after the close of the evidence, the juvenile’s right to notice under the due process clause was violated, and the court plainly erred by finding the juvenile guilty of an uncharged offense.

Judgment is reversed.

In the Interest of: J.T. (MLW No. 67089/Case No. ED100514 – 6 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.) Appealed from circuit court, St. Louis City, Mason, J. (Patricia A. Harrison for appellant) (Carolyn Whitehorn and Margaret Gangle-Casinger for respondent).

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