STATE v. KLEMBUS

No. 2014-1557.

146 Ohio St.3d 84 (2016)

2016-Ohio-1092

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

Supreme Court of Ohio.

Decided March 22, 2016.


Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and Daniel T. Van and Brett S. Hammond , Assistant Prosecuting Attorneys, for appellant.

Robert Tobik , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, for appellee.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, Michael J. Hendershot , Chief Deputy Solicitor, and Hannah C. Wilson , Deputy Solicitor, urging reversal for amicus curiae Ohio Attorney General Michael DeWine.

Ron O'Brien , Franklin County Prosecuting Attorney, and Michael P. Walton , Assistant Prosecuting Attorney, urging reversal for amici curiae Ohio Prosecuting Attorneys Association and Franklin County Prosecuting Attorney Ron O'Brien.


{¶ 1} In this discretionary appeal, we are asked to examine two statutory provisions that relate to the offense of operating a vehicle while under the influence ("OVI") when the offender has had five or more OVI convictions in the past 20 years: a portion of R.C. 4511.19(G)(1)(d), which raises the OVI offense to a...

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