State v. McCumbers

Ohio Supreme Court
State v. McCumbers, 128 Ohio St. 3d 1424 (Ohio 2011)
943 N.E.2d 571
Pfeifer

State v. McCumbers

Opinion of the Court

Summit App. No. 25169, 2010-Ohio-6129. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed January 19, 2011:

“Whether, for the purpose of enhancing the offense level in an OVI case, the [sjtate is required to prove the prior OVI convictions by providing a judgment of conviction executed in conformity with Crim.R. 32(C)?”
Pfeifer, J., dissents.

The conflict case is State v. Finney, Fulton App. No. F-06-009, 2006-Ohio-5770.

Reference

Status
Published