State v. Madding, 2011 Ohio 3865

Madding was convicted of resisting arrest under R.C. 2921.33(B), a first-degree misdemeanor, after a bench trial.
Officers encountered Madding when he matched a vehicle description from a prior stop; he exited the car while being ordered to keep his hands up.
Madding resisted detention; officers forcibly handcuffed him and attempted a pat-down, which he resisted.
Madding fell to the ground, refused to walk, and was pulled by the officers’ pant legs, during which he kicked officers Sharp and Orick.
The complaint originally charged resisting arrest under R.C. 2921.33(A) (second-degree misdemeanor); the State amended to R.C. 2921.33(B) (first-degree misdemeanor) over defense objection.
The trial court sentenced Madding to 90 days in jail with 71 days suspended and two years of non-reporting community control; credit for 9 days served was given.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of amendment to the complaint	Madding was not prejudiced; identity of the offense remained the same.	Crim.R. 7(D) prohibits changing the degree, altering the offense's identity.	Amendment was proper; no prejudice; overruled.
Sufficiency of evidence to support 2921.33(B)	Evidence showed physical harm to officers from Madding's kicks.	No visible injuries or need for medical attention; no physical harm.	Evidence sufficient; conviction affirmed.

State v. Brumback, 109 Ohio App.3d 65 (Ohio App.3d 1996) (abuse-of-discretion review for Crim.R. 7 amendments; prejudice required)
State v. Lewis, 85 Ohio App.3d 29 (Ohio App.3d 1993) (prejudice standard for amendments under Crim.R. 7(D))
State v. Davis, 121 Ohio St.3d 239 (2008-Ohio-4537) (changing degree of charged offense violates Crim.R. 7(D))
State v. Rohrbaugh, 126 Ohio St.3d 421 (2010-Ohio-3286) (Crim.R. 7(D) extends to misdemeanor complaints; constitutional concerns)
State v. Cole, 2010-Ohio-1608 (Ohio 2d, 2010) (sufficiency analysis for resisting arrest; physical-harm standard)