State v. Allen

The sole question before this court is whether the existence of a prior conviction is an essential element of the offense where that previous conviction affects only the penalty and does not enhance the degree of the offense itself. We hold that in such a case, the prior conviction is not an element of the offense.

Appellant argues that Ohio case law holds that where the penalty for a particular crime is enhanced by virtue of a prior conviction of the same offense, the prior offense is an essential element of the subsequent offense, and must be charged in the indictment and proved by the…