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STATE v. DAVIS

No. 2007-1039.

121 Ohio St.3d 239 (2008)

2008-Ohio-4537

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

Supreme Court of Ohio.

Decided September 16, 2008.

Attorney(s) appearing for the Case

James B. Grandey, Highland County Prosecuting Attorney, and William L. Archer Jr., Assistant Prosecuting Attorney, for appellant.

Kelly Wallace Co., L.P.A., Michael P. Kelly, and Timothy J. Kelly, for appellee.

MOYER, C.J.

{¶ 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...

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