State v. Shamblin

Citations

• 2024 Ohio 5315

Syllabus

CRIMINAL-EVIDENCE OF PRIOR OVI CONVICTION-ESSENTIAL ELEMENT - Pursuant to State v. Brooke, 2007-Ohio-1533, 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; Because the State is required to prove all elements beyond a reasonable doubt, a defendant is not entitled to bifurcate proceedings or waive a jury trial on one element alone, reaffirming State v. Leasure, 2015-Ohio-5327 (4th Dist.).