State v. Harmon, 2019 Ohio 5036

Harmon was charged with one count of public indecency (R.C. 2907.09(A)(3)), elevated to a first-degree misdemeanor based on two prior public indecency convictions.
Alleged conduct: while in a retail store changing room Harmon allegedly exposed himself and masturbated, observed by the victim.
Three days before trial parties and the judge stipulated in chambers that Harmon had two prior public-indecency convictions; the court granted Harmon’s motion in limine barring introduction or mention of those priors at trial.
At trial the jury heard victim testimony describing Harmon masturbating; no evidence of the prior convictions was presented to the jury.
Jury found Harmon guilty; court sentenced him as an M1 (180 days, 90 suspended, five years community control). Harmon objected post-sentencing, arguing insufficient evidence to support the M1 degree because the priors were not proven at trial. He appealed.

Issue	State's Argument	Harmon's Argument	Held
Whether conviction as a first-degree misdemeanor was supported by sufficient evidence because the two prior convictions were not proven at trial	The parties stipulated to the existence of two prior convictions in chambers, so proof at trial was unnecessary and the element was satisfied	The state failed to prove the two prior convictions to the jury beyond a reasonable doubt; without proof the offense cannot be an M1	The stipulation established the priors for purposes of the charged offense; the prosecution met its burden and the M1 conviction was supported — affirmed

State v. Grinstead, 194 Ohio App.3d 755 (12th Dist. 2011) (describing the legal standard for sufficiency-of-the-evidence review)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (articulating the Jackson/Jenks standard that evidence must permit any rational trier of fact to find guilt beyond a reasonable doubt)
State v. Brooke, 113 Ohio St.3d 199 (Ohio 2007) (when prior conviction changes the degree of the offense, the prior is an element that must be established)