Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 12, 2010.
Decided March 25, 2010.
Attorney(s) appearing for the Case
Charles E. Coulson, Lake County Prosecuting Attorney, and Joshua S. Horacek, Assistant Prosecuting Attorney, for appellant.
Albert L. Purola, for appellee.
Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, urging affirmance for amicus curiae, Ohio Public Defender.
Supreme Court of Ohio.
O'CONNOR, J.
{¶ 1} Pursuant to Crim.R. 7(D), a court may amend an indictment at any time provided that the amendment does not change the name or identity of the crime charged. We are called upon to determine whether amending an indictment that charges a defendant with endangering children in violation of R.C. 2919.22(A) as a third-degree felony to add language that the victim suffered serious physical harm impermissibly changes the name or identity...
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