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State v. Humphries

Court of Appeals of Ohio, Fifth District, Stark

July 15, 2019

STATE OF OHIO Plaintiff-Appellee
v.
SIERRA D. HUMPHRIES Defendant-Appellant

          Criminal Appeal from the Canton Municipal Court, Case No. 2018 TRC 5166

          For Plaintiff-Appellee KRISTEN BATES-AYLWARD CANTON LAW DIRECTOR BEAU D. WENGER ASSISTANT PROSECUTOR

          For 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.

          OPINION

          Wise, J.

         {¶1} 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.

         {¶2} Appellee is the State of Ohio.

         STATEMENT OF THE FACTS

         {¶3} On June 25, 2018, Appellant Sierra D. Humphries was charged with violations of OVI, reckless operation, speeding and no seat belt.

         {¶4} 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 unconstitutional.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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.

         {¶8} By Judgment Entry filed September 19, 2018, the trial court ...


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