State v. Davis

Cupp, J.,

concurring in judgment only.

{¶ 14} Under the facts of this case and the structure of this criminal statute, I concur in the judgment of the court. I would not hold, however, as the court apparently does, that an amendment to an indictment that also changes the degree or the penalty of the crime upward will necessarily always result in a change to the identity of the crime.