State v. Neely, 2007-L-054 (11-21-2007)

OPINION

{¶ 1} Appellant, James Curtis Neely II, appeals his conviction for driving under the influence of alcohol. At issue is whether the state used an uncounseled conviction to enhance the degree of offense with which appellant was charged in violation of his constitutional rights. For the reasons that follow, we affirm.

{¶ 2} On Saturday, November 4, 2006, at 1:36 a.m., Deputy Pecka of the Lake County Sheriffs Office observed appellant driving all over the road while travelling eastbound on I-90 in Concord Township, Ohio. Appellant drove his vehicle left of the white dotted line into the…