State v. Davis

{¶ 1} Under Crim.R. 7(D), a court may amend an indictment “at any time” if the amendment does not change “the name or identity of the crime charged.” We consider whether an amendment that changes the penalty or degree of a charged offense is permissible under Crim.R. 7(D). We hold that Crim.R. 7(D) does not permit the amendment of an indictment when the amendment changes the penalty or degree of the charged offense, because such a change alters the identify of the offense. We affirm the judgment of the Fourth District Court of Appeals.

I

{¶ 2} Michael A. Davis was indicted in the Highland…