State of Ohio, Plaintiff-Appellee,
v.
Albert M. Chiominto, Jr., Defendant-Appellant.
Court of Appeals of Ohio, Eleventh District, Lake County.https://leagle.com/images/logo.png
July 3, 2008.
July 3, 2008.
Attorney(s) appearing for the Case
Charles E. Coulson, Lake County Prosecutor, and Karen A. Sheppert, Assistant Prosecutor, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).
R. Paul LaPlante, Lake County Public Defender, and Vanessa R. Clapp, Assistant Public Defender, 125 East Erie Street, Painesville, OH 44077 (For Defendant-Appellant).
Court of Appeals of Ohio, Eleventh District, Lake County.
OPINION
COLLEEN MARY O'TOOLE, J.
{¶1} Appellant, Albert M. Chiominto, Jr., appeals from the judgment entry of the Lake County Court of Common Pleas, denying his motion to dismiss an indictment charging him with operating a motor vehicle while intoxicated (OVI), a felony of the fourth degree. At issue is whether the state used an uncounseled conviction to enhance the degree of offense in violation of his constitutional rights. We reverse...
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