STATE v. ADAMS

No. 87-1186.

37 Ohio St. 3d 295 (1988)

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

Supreme Court of Ohio.

Decided July 6, 1988.


Attorney(s) appearing for the Case

Robert D. Horowitz, prosecuting attorney, and Paul A. Mastriacovo, for appellee.

Jack A. Blakeslee, for appellant.


WRIGHT, J.

Two principal issues must be decided by this court.

First, does a stipulation by the parties to the fact of a prior conviction act as a stipulation to the constitutionality of the conviction when the issue of the constitutionality of the prior conviction is not challenged by the defendant at trial?

Second, can the court of appeals presume that the trial court considered the sentencing factors...

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