State v. Bhambra, 2017 Ohio 8485

Defendant Jobanjeet Bhambra was indicted on multiple sexual-offense and kidnapping counts arising from the alleged sexual assault of a 17‑year‑old.
At a plea hearing the state moved to amend Count 4 (attempted rape) to attempted felonious assault as part of a plea deal: Bhambra pleaded guilty to the amended Count 4 and Count 5 (gross sexual imposition); remaining counts were to be dismissed.
The trial court accepted the plea after a Crim.R. 11 colloquy in which Bhambra was advised of rights, the amendment, and that waiving a grand jury indictment would waive defects in notice; Bhambra stated the plea was voluntary and understanding.
The court sentenced Bhambra to concurrent prison terms (3 years on amended Count 4; 18 months on Count 5).
Bhambra filed a post-sentence motion to withdraw his guilty plea claiming innocence and lack of a knowing, voluntary plea; the trial court denied the motion.
On appeal Bhambra challenged the trial court’s allowance of the amendment at the plea hearing (arguing the amendment changed the identity of the offense). He did not challenge the voluntariness of his plea on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether permitting the indictment to be amended at the plea hearing was improper because it changed the identity of the offense	The state: amendment was part of an open‑court plea bargain and defendant knowingly waived grand jury indictment and any defects; a knowing, counseled guilty plea waives such defects	Bhambra: amendment changed the identity of the charged offense and was therefore improper	Court: Bhambra knowingly and voluntarily agreed to the amendment during plea colloquy, so he waived the right to challenge the indictment; claim is waived
Whether the appellate court may reach the indictment‑amendment claim when Bhambra appealed only the denial of his motion to withdraw his plea	The state: the claim is unrelated to the order actually appealed and is an untimely/direct appeal of an earlier order (bootstrapping)	Bhambra: (implicitly) challenges the amendment via the appeal even though the appealed order was the denial of the withdrawal motion	Court: the issue is bootstrapped and time‑barred; appellate court lacks jurisdiction to consider it

State v. Childress, 91 Ohio App.3d 258, 632 N.E.2d 562 (3d Dist. 1993) (an indictment may be amended pursuant to a plea bargain in open court without returning to the grand jury after full disclosure and voluntary agreement).