State v. Clark

In State v. Clark, 7th Dist. No. 04MA246, 2006 Ohio 1155, the original indictment charged Clark with rape and gross sexual imposition, but did not include the statutory language that he purposely compelled his victim to submit by force or threat of force. Id. at P8. Although the original indictment omitted the statutory language, the indictment twice stated that Clark was facing life imprisonment as a penalty for the crimes charged. Clark waived his speedy trial rights, then, approximately one year later, the state filed a superseding indictment that included the missing statutory language. Clark argued that the new language changed the potential punishment that he faced. Id. at P16. However, the Court concluded that Clark was on notice of the charges against him when he waived his speedy trial rights, because the original indictment identified the statutory subsection under which he was charged, and twice stated that the offense was punishable by life imprisonment.