State v. Dye

{¶ 1} When may a defendant who has pleaded guilty to an offense less than homicide prior to the victim’s death be prosecuted for homicide when the victim subsequently dies? In State v. Carpenter (1993), 68 Ohio St.3d 59, 623 N.E.2d 66, syllabus, we held, “The state cannot indict a defendant for murder after the court has accepted a negotiated guilty plea to a lesser offense and the victim later dies of injuries sustained in the crime, unless the state expressly reserves the right to file additional charges on the record at the time of the defendant’s plea.” The *358answer depends upon the meaning…