State v. McKeever, 2019 Ohio 4913

A complaint charged Donald L. McKeever with one count of domestic violence (first‑degree misdemeanor) after he admitted to a patrol officer that he struck his adult son in the face while both were drinking and said he was sorry.
At arraignment (with only the victim advocate present), the judge questioned McKeever about his drinking and past incidents.
The judge sua sponte amended the domestic‑violence charge to disorderly conduct (a minor misdemeanor), stating the conduct did not amount to "beating up your little kid."
The court then asked McKeever how he wished to plead; he pled guilty, the court accepted the plea, and immediately imposed a $50 fine and costs.
The state appealed, arguing the trial court erred by unilaterally amending the charge without the prosecutor and thereby violated Crim.R. 7(D).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court could sua sponte amend the complaint from domestic violence (1st‑degree misdemeanor) to disorderly conduct (minor misdemeanor)	The State: amendment changed the identity/degree of the offense, so the court violated Crim.R. 7(D) and usurped the prosecutor's charging discretion	McKeever: did not object and pleaded guilty; judge viewed offense as lesser misconduct suitable for disorderly conduct	Court reversed: amendment changed the name/identity of the offense, violated Crim.R. 7(D); remanded for further proceedings

State v. Davis, 121 Ohio St.3d 239 (Ohio 2008) (amendment that changes penalty or degree alters identity of charged offense and is not permitted by Crim.R. 7(D))
State v. Craft, 181 Ohio App.3d 150 (12th Dist. 2009) (whether an amendment changes the name or identity of the offense is a legal question reviewed de novo)
State ex rel. Jones v. Garfield Heights Mun. Ct., 77 Ohio St.3d 447 (Ohio 1997) (prosecutor has discretion to decide whether and what charges to file)
Mootispaw v. Eckstein, 76 Ohio St.3d 383 (Ohio 1996) (reinforcing prosecutorial charging discretion)