STATE v. GERWIN

No. 81-192.

69 Ohio St. 2d 488 (1982)

THE STATE OF OHIO, APPELLANT, v. GERWIN, APPELLEE.

Supreme Court of Ohio.

Decided February 26, 1982.


Attorney(s) appearing for the Case

Mr. Gregory W. Happ, prosecuting attorney, and Mr. William L. Thorne, for appellant.


CELEBREZZE, C. J.

The question before this court is whether an uncounseled misdemeanor conviction for theft may be used under the enhancement provision of R. C. 2913.02(B) to convert a subsequent misdemeanor into a felony when no imprisonment results. The statute at that time provided:

"(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either:

"(1) Without the consent of the owner...

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