STATE v. THOMPSON

No. 2007-2389.

121 Ohio St.3d 250 (2009)

2009-Ohio-314

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

Supreme Court of Ohio.

Decided February 4, 2009.


Attorney(s) appearing for the Case

David L. Landefeld, Fairfield County Prosecuting Attorney, and Julia B. Dillon and Gregg Marx, Assistant Prosecuting Attorneys, for appellant.

Burkett & Sanderson, Inc., Andrew Sanderson, and Devon Harmon, for appellee.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.


PFEIFER, J.

{¶ 1} The issue in this case is whether Thompson's prior convictions can be used to enhance the indictment against him. We conclude that they can.

Background

{¶ 2} Appellee, Billy Thompson II, was charged with two counts of driving under the influence of alcohol or drugs in violation of R.C. 4511.19(A)(1)(a) and (b). Because Thompson had been convicted of driving under the influence ("DUI...

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