State v. Pepka

{¶ 1} Pursuant to Crim.R. 7(D), a court may amend an indictment at any time provided that the amendment does not change the name or identity of the crime charged. We are called upon to determine whether amending an indictment that charges a defendant with endangering children in violation of R.C. 2919.22(A) as a third-degree felony to add language that the victim suffered serious physical harm impermissibly changes the name or identity of the offense. We hold that it does not.

{¶ 2} Pursuant to the Ohio Revised Code, the only circumstance in which child endangering in violation of R.C.…