State v. Kidd

Citations

• 2020 Ohio 4994

Syllabus

Crim.R. 43(A) right to be present at trial Crim.R. 7(D) amendment of indictment R.C. 2954.74, lesser included offense R.C. 2919.27(D). A defendant waives his right to be present at the reading of the verdict where he was told to return to court, did not return to court, and his ankle monitor was found removed. It is proper to amend an indictment for aggravated burglary R.C. 2911.11(A)(1) to include the underlying offense of assault the state seeks to prove because the amendment does not change the nature or identity of the crime of aggravated burglary. It is error to amend and an indictment charging a misdemeanor offense of domestic violence under R.C. 2919.25(A) to a misdemeanor offense of assault under R.C. 2903.13(A) where the crimes are of the same level offense. Evidence of violation of protective order was properly introduced under 2919.27(D) where the defendant was informed of the existence of the protection order by a law enforcement officer even though the count was dismissed by the state at the close of trial.