State v. Dilley

The sole issue presented in this case is whether a specification contained in R.C. 2941.143 can be added to an indictment by amendment pursuant to Crim. R. 7(D).

The appellant asserts that since the prior conviction specification of R.C. 2941.143 does not change the name or identity of the crime charged, and because this amendment to the in*21dictment was not presented to the jury during trial, the appellee has not suffered any prejudice. Therefore, the appellant contends that the amendment was proper pursuant to Crim. R. 7(D).

In order to resolve this issue it is necessary to consider R.C.…