State v. Strozier

In State v. Strozier (Oct. 5, 1994), Montgomery County App. No. 14021, 1994 Ohio App, the Second Appellate District was faced with a similar problem when it reviewed a Crim.R. 7(D) amendment where the indictment was changed from a violation of R.C. 2923.13(A)(2) to a violation of R.C. 2923.13(A)(3). The Strozier court found that although the wording of the indictment was modified, the identity was not changed because it only "cured a variance between the essential facts constituting the disability and the category of disability alleged." 1994 Ohio App. "The amendment only changed that category to conform to the grounds alleged to constitute the disability." Id.