Ohio Supreme Court· 4/1/1987

State v. Allen

Citations

29 Ohio St. 3d 53
506 N.E.2d 199
29 Ohio B. 436
1987 Ohio LEXIS 244

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that where a prior conviction enhances the penalty for a subsequent offense, but does not elevate the degree thereof, the prior conviction is not an essential element of the subsequent offense and need not be alleged in the indictment
stating that when existence of a prior conviction does not simply enhance the penalty but transforms the crime itself by increasing its degree, the prior conviction is an essential element of the crime and must be proved by the state
an element elevates the degree of the offense; an enhancement provision increases only the penalty
an element elevates the degree of the offense; an enhancement provision increases only the penalty
an element elevates the degree of the offense; an enhancement provision increases only the penalty
“The existence of a prior offense is such an inflammatory fact that ordinarily it should not be revealed to the jury unless specifically permitted under statute or rule”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright

Read full opinion on CourtListener

Cited by

104 cases in this archive cite this case; the 20 most cited are listed.

Cites

4 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.