State v. Coleman, 2013 Ohio 4792

Coleman was charged with domestic violence under R.C. 2919.25(A); because he had a prior 2005 domestic-violence conviction the charge was filed as a fourth‑degree felony.
Coleman conceded the prior conviction existed but argued it was uncounseled — i.e., he had not validly waived the right to counsel.
The municipal court had no verbatim transcript of the 2005 plea; audio recordings (the court’s practice) had been destroyed after five years.
The state produced a signed municipal-court “Entry of Plea and Acknowledgment of Rights” form in which Coleman circled “No Contest” and acknowledged being advised of rights “in open court.”
Trial court accepted the prior conviction as valid; a jury convicted Coleman. On appeal, Coleman argued (1) the 2005 conviction could not be used for enhancement because there was no valid waiver of counsel, and (2) the trial court erred by refusing an alibi jury instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of prior conviction used to enhance current charge	State: the signed municipal entry showing Coleman was advised "in open court" satisfies Crim.R. 44(D) and proves waiver	Coleman: absence of a recorded in‑court waiver and the form’s language do not show a knowing, intelligent, voluntary waiver of counsel	Court: Reversed enhancement — the form alone did not prove a valid in‑court waiver; 2005 conviction may not be used to elevate the offense (remand for misdemeanor conviction)
Failure to give alibi instruction	State: evidence (victim, daughter, niece, photos) was strong; omission did not cause plain error or affect outcome	Coleman: timely filed alibi notice and testimony of fiancée entitled him to an alibi instruction	Court: Trial court erred in refusing the alibi instruction, but omission was not plain error here; conviction stands (court affirms guilt but remands to reclassify offense)

State v. Brooke, 863 N.E.2d 1024 (Ohio 2007) (limited right to attack prior conviction used for enhancement where prior plea was uncounseled)
State v. Henderson, 389 N.E.2d 494 (Ohio 1979) (prior conviction is an essential element when used for enhancement)
State v. Thompson, 903 N.E.2d 618 (Ohio 2009) (defendant must make prima facie showing that prior conviction was uncounseled before burden shifts to the state)
State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (presumption against waiver of constitutional rights)
State v. Brandon, 543 N.E.2d 501 (Ohio 1989) (presumption that proceedings are conducted according to law)
Cleveland v. Keah, 105 N.E.2d 402 (Ohio 1952) (definition of prima facie case)
State v. Mitchell, 574 N.E.2d 573 (Ohio App. 1989) (trial court should give alibi instruction when defendant timely files notice and offers evidence)
Cincinnati v. Epperson, 253 N.E.2d 785 (Ohio 1969) (timely, correct jury instructions must be given)