State v. Vaught

Citations

• 2022 Ohio 425

Syllabus

The repeat OVI offender specification did not elevate the underlying OVI charge to a fourth-degree felony the OVI was charged as a fourth-degree felony irrespective of the specification. There is no legal requirement that the indictment identify the underlying felony which elevates the degree of the failure to appear charge the indictment is sufficient if it alleges that the underlying offense is a felony. The record is clear that appellant understood that he was being charged with a fourth-degree felony in both cases. Appellant's trial counsel was not ineffective for failing to make a futile motion to withdraw appellant's valid guilty plea.