State v. Brandon

The issue before this court is whether appellee’s testimony before the trial court constituted evidence indicating that his prior convictions had been uncounseled. We do not believe that appellee’s statements constituted such evidence and, therefore, reverse the judgment of the court of appeals.

As noted supra, the jury found ap-pellee not guilty of robbery but guilty of the lesser offense of theft. The jury also, by special interrogatory, found that appellee had a prior conviction for theft. R.C. 2913.02(B) provides in pertinent part that “* * * if the offender previously has been convicted…