Methods of Proof (if Defendant does not stipulate OR ADMIT)
RC 2945.75(B) provides two methods, as follows:
- CERTIFIED copy of entry of judgment in prior conviction together with evidence sufficient to identify the defendant named in the entry as the offender in the current case.
This method must comply with Ohio Crim. R. 32(C). The entry of conviction must contain the fact of conviction, the sentence, the judge’s signature, and the time stamp indicating the entry upon the journal by the clerk. State v. Gwen, 134 Ohio St. 3d 284, 2012-Ohio-5046.
A CERTIFIED copy complying with the above method is self-authenticating under Ohio Evid. R. 902(4), Domestic public documents under seal. Extrinsic evidence of authenticity is not required.
The CERTIFIED copy complying with the above method is admissible hearsay under Ohio Evid. R. 803(8), records of public offices or agencies setting forth their activities.
If the CERTIFIED copy complies with the above statute and rule either a court clerk from the court in which the conviction occurred or a police officer can testify concerning the prior conviction.
- CERTIFIED copy from the Registrar, BMV, that shows the name, DOB, and social of the accused is prima facie evidence of his identity and all prior convictions shown on the record.
Easiest method. Do not need to comply with Crim. R. 32(C) under this method.
CERTIFIED copy of transcript sent by BMV and printed. A police officer can identify the record and information concerning the prior conviction.
NOTES: If proving prior conviction in non-traffic case method 1. A recent case provided a good review. State v. Jackson, 9th Dist. Wayne County, 2023-Ohio-4467.