STATE v. ADKINS

No. 2010-0465.

129 Ohio St.3d 287 (2011)

2011-Ohio-3141

THE STATE OF OHIO, Appellee, v. ADKINS, Appellant.

Supreme Court of Ohio.

Decided July 5, 2011.


Attorney(s) appearing for the Case

Carol O'Brien , Delaware County Prosecuting Attorney, and Brian Walter , Assistant Prosecuting Attorney, for appellee.

Robert E. Cesner Jr. , for appellant.


PFEIFER, J.

{¶ 1} The issue we address in this case is whether a pre-January 1, 1996 juvenile adjudication can be considered one of the five prior similar offenses necessary to enhance an R.C. 4511.19(A)(1)(a) charge for operating a motor vehicle while under the influence of alcohol ("OVI"). Under R.C. 4511.19(G)(1)(d), an OVI is a fourth-degree felony if the defendant has been convicted of or pleaded guilty to five OVIs in 20 years. Pursuant to...

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