State v. Thompson

{¶ 1} The issue in this case is whether Thompson’s prior convictions can be used to enhance the indictment against him. We conclude that they can.

Background

{¶ 2} Appellee, Billy Thompson II, was charged with two counts of driving under the influence of alcohol or drugs in violation of R.C. 4511.19(A)(1)(a) and (b). Because Thompson had been convicted of driving under the influence (“DUI”) three times within the previous six years, the indictments that were issued in this case charged felonies of the fourth degree, not misdemeanors. R.C. 4511.19(G)(1)(d) (“an offender, who, within six years of…