City of Akron v. Robertson

Reece, Judge.

Appellant, the city of Akron, appeals the sua sponte order of the Akron Municipal Court amending the charge against appellee, Patrick A. Robertson, from drug abuse to disorderly conduct. We reverse the trial court’s decision and remand the cause for further proceedings.

Patrick A. Robertson was charged with possession of marijuana in violation of Akron City Code 138.10 on April 2, 1996. On April 8, 1996, the trial court, over the prosecutor’s objection, amended the charge against Robertson to disorderly conduct, a violation of Akron City Code 132.01. Robertson pleaded guilty to…