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STATE v. DILLEY

No. 88-1710.

47 Ohio St. 3d 20 (1989)

THE STATE OF OHIO, APPELLANT, v. DILLEY, APPELLEE.

Supreme Court of Ohio.

Decided November 22, 1989.

Attorney(s) appearing for the Case

W. Allen Wolfe, prosecuting attorney, Mark C. Fleegle and D. Michael Haddox, for appellant.

Coffman, Lewis, Stubbins, Graham & Co., L.P.A., Mark W. Stubbins and Brent A. Stubbins, for appellee.

Randall M. Dana, public defender, and Gregory L. Ayers, urging affirmance for amicus curiae, Ohio Public Defender Commission.

ALICE ROBIE RESNICK, J.

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 indictment was not presented to the jury during...

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