STATE v. ALLEN

No. 86-1115.

29 Ohio St. 3d 53 (1987)

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

Supreme Court of Ohio.

Decided April 1, 1987.


Attorney(s) appearing for the Case

Terry L. Lewis, for appellant.

Rudd, Silverberg, Zaharieff & Orlins Co., L.P.A., J. Gordon Rudd and David A. Orlins, for appellee.


DOUGLAS, J.

The sole question before this court is whether the existence of a prior conviction is an essential element of the offense where that previous conviction affects only the penalty and does not enhance the degree of the offense itself. We hold that in such a case, the prior conviction is not an element of the offense.

Appellant argues that Ohio case law holds that where the penalty for a particular crime is enhanced by virtue of a prior conviction...

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