State v. Stodgel
2013 Ohio 1109
Ohio Ct. App.2013Background
- Brandon Stodgel and co-defendant Newman were arrested January 13, 2012 for burglarizing two Fayette County homes.
- Stodgel was indicted January 20, 2012 on multiple counts including having weapons while under disability, grand theft, safecracking, and possessing criminal tools; the theft charge was later dismissed.
- Witnesses described burglaries at Temlin’s and Gragg’s residences, including a kicked-in door, stolen firearms, safes, electronics, and a large gun safe that was difficult to move.
- Police recovered safes and firearms later; a blue minivan matching witness descriptions was pursued and crashed, with Stodgel identified as the driver.
- Newman testified against Stodgel but later admitted he lied to police; he claimed Stodgel committed the crimes, while Newman later contradicted that account.
- The trial court sua sponte amended count six from R.C. 2913.02(A)(2) to R.C. 2913.02(A)(1); the jury convicted Stodgel on several counts and he was sentenced to a lengthy term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sua sponte indictment amendment altered the crime’s identity | Stodgel argues the amendment changed the crime’s identity | Stodgel contends the amendment altered elements and prejudiced him | No plain error; amendment proper and not prejudicial |
| Whether the convictions were supported by sufficient evidence and not against the manifest weight | State contends evidence showed possession of guns, safes, and tools | Stodgel argues insufficient and weight-of-evidence issues | Convictions supported by weight and sufficiency; evidence showed possession and operability of firearms and related items |
Key Cases Cited
- State v. Skatzes, 104 Ohio St.3d 195 (2004-Ohio-6391) (waiver to plain error; Crim.R. 7(D) amendment authority analyzed)
- State v. Yarbrough, 95 Ohio St.3d 227 (2002-Ohio-2126) (plain error standard)
- State v. Fairbanks, 172 Ohio App.3d 766 (2007-Ohio-4117) (identity of crime asamera; change of name/identity)
- State v. Stacey, 2009-Ohio-3816 (2009-Ohio-3816) (whether identity changes when elements differ)
- State v. Woody, 29 Ohio App.3d 364 (1st Dist.1986) (indictment amendment changing subsection; must be clerical error)
- Columbus v. Cordova, 2012-Ohio-1812 (10th Dist. No. 11AP-602) (clerical correction of offense; no identity change)
- State v. Craft, 181 Ohio App.3d 150 (2009-Ohio-675) (Crim.R. 7(D) amendment scope; identity factors)
- State v. Collinsworth, 2004-Ohio-5902 (12th Dist.) (indictment amendment; independent proof of elements)