Background

• Schmolz was charged with receiving stolen property (license plate) in Medina County; the indictment tracked the statute but wrongly named a license plate as the property.
• The State moved to amend the indictment under Crim.R. 7(D) to substitute a temporary license placard for a license plate; Schmolz objected.
• The court granted the amendment; trial proceeded with evidence showing a temporary placard, not a license plate.
• After trial, the jury found Schmolz guilty of receiving stolen property with a special finding that the property was a temporary placard.
• Schmolz appealed asserting the amendment changed the offense's identity, but the appellate court affirmed.
• The court acknowledged the error in the indictment/bill of particulars but held no prejudice to Schmolz and affirmed the conviction.

Issues

Key Cases Cited

• State v. Brumback, 109 Ohio App.3d 65 (9th Dist.1996) (bill of particulars variance not fatal if indictment tracks statute and no prejudice)
• State v. Fowler, 174 Ohio St. 362 (1963) (indictment sufficiency; tracks statutory language)
• State v. Murphy, 65 Ohio St.3d 554 (1992) (indictment need not state precise conduct when tracking statute)
• State v. Davis, 121 Ohio St.3d 239 (2008) (amendment cannot change name/identity of offense under Crim.R. 7(D))
• Smith v. United States, 360 U.S. 1 (1960) (convictions upheld despite minor charging deficiencies)