Criminal Appeal from the Canton Municipal Court, Case No.
2018 TRC 5166
Plaintiff-Appellee KRISTEN BATES-AYLWARD CANTON LAW DIRECTOR
BEAU D. WENGER ASSISTANT PROSECUTOR
Defendant-Appellant KEVIN J. BREEN KEVIN J. BREEN CO., LLC
JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon.
Patricia A. Delaney, J.
Appellant Sierra D. Humphries appeals her conviction for
operating a vehicle while impaired, reckless operation,
speeding, and no seat belt following a plea of no contest in
the Canton Municipal Court.
Appellee is the State of Ohio.
OF THE FACTS
On June 25, 2018, Appellant Sierra D. Humphries was charged
with violations of OVI, reckless operation, speeding and no
On July 13, 2018, Appellant Humphries filed a motion in
limine to exclude a previous OVI conviction which
occurred on December 3, 2008. In her motion, Appellant argued
that her first OVI conviction was uncounseled and allegedly
At the hearing on the motion, Appellant did not introduce any
evidence. The State introduced Appellant's written waiver
form for her first OVI conviction.
By Judgment Entry filed August 17, 2018, the trial court
overruled Appellant's motion stating she did not make a
prima facie case that the prior conviction was
unconstitutional as is required under State v.
Thompson, 121 Ohio St.3d 250, 2009-Ohio-314.
On August 21, 2018, Appellant filed a motion for
reconsideration attaching an affidavit in which she stated
that she appeared pro se, was not counseled about her right
to an attorney, and she did not understand her written waiver
as it related to enhanceable offenses.
By Judgment Entry filed September 19, 2018, the trial court