Ohio Supreme Court September 16, 2008, No. 2007-1039 (State v. Davis)

lead-opinion

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.