Missouri Court of Appeals, Eastern District / Dec 17, 2024
State of Missouri, Respondent, vs. Travis J. Devore, Appellant.
Travis Devore appealed his conviction for felony possession of a controlled substance, arguing the circuit court erred by allowing the State to amend the information from heroin to fentanyl. He contended this amendment charged an additional or different offense, violating Rule 23.08 and his due process rights. The appellate court affirmed the judgment, concluding that because the elements of the charge remained the same, the amendment merely modified how the offense was committed and did not charge a new offense.