State v. Klembus (Slip Opinion)

{¶ 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 fourth-degree felony, and R.C. 2941.1413 (the “repeat-OVI specification”), which requires a mandatory additional prison term of one, two, three, four, or five years. We are asked to decide whether raising the felony level for an OVI offense and imposing a sentencing enhancement on a…