Legal Opinion

State v. Adams

Ohio Supreme Court

Decided July 6, 1988No. 87-1186PublishedCited by 184 opinions

1Opinion of the CourtWright, J.

Two principal issues must be decided by this court.

First, does a stipulation by the parties to the fact of a prior conviction act as a stipulation to the constitutionality of the conviction when the issue of the constitutionality of the prior conviction *297is not challenged by the defendant at trial?

Second, can the court of appeals presume that the trial court considered the sentencing factors set forth in R.C. 2929.12 when the record is silent in this regard?

We affirm the posture of the court of appeals on both of the issues for the reasons that follow.

I

With respect to the first issue,…

2Cases cited1 opinion

  1. Baldasar v. IllinoisSupreme Court of the United States · 1980

3Cited by184 opinions

  1. State v. KalishOhio Supreme Court · 2008
  2. State v. PolickOhio Court of Appeals · 1995
  3. State v. CyrusOhio Supreme Court · 1992
  4. State v. O'DellOhio Supreme Court · 1989
  5. State v. BrimacombeOhio Court of Appeals · 2011

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