STATE v. NAGEL

Nos. 97-2120 and 97-2274.

84 Ohio St.3d 280 (1999)

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

Supreme Court of Ohio.

Decided January 6, 1999.


Attorney(s) appearing for the Case

Julia R. Bates, Lucas County Prosecuting Attorney, Brenda J. Majdalani and Louis E. Kountouris, Assistant Prosecuting Attorneys, for appellant.

Jeffrey M. Gamso, for appellee.


DOUGLAS, J.

The issue for our consideration is whether the requirements of R.C. 2945.05 apply to requests made by a defendant pursuant to former R.C. 2941.142 and 2941.143 to have the trial judge, in a case tried by a jury, determine guilt or innocence on prior-conviction specifications. For the reasons that follow, we find that R.C. 2945.05 does not apply to such requests. Accordingly, we reverse the judgment of the court of appeals on that issue, and...

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