State v. Mays, 2024 Ohio 4616

Mario D. Mays was convicted by a jury of violating a protection order, an offense that can be elevated from a first-degree misdemeanor to a fifth-degree felony based on certain prior convictions.
The verdict form stated Mays was guilty of violating a protection order "in violation of R.C. 2919.27(A)(1) and (B)(3)," but did not explicitly state the degree of the offense or enumerate the aggravating elements.
Mays did not object to the wording of the verdict form at trial.
On appeal, Mays argued that the verdict form's lack of specificity failed to comply with R.C. 2945.75(A)(2), which requires jury verdict forms to state either the degree of the offense or the aggravating elements making the offense more serious.
The Sixth District Court of Appeals affirmed his felony conviction, finding the statutory reference in the verdict form was sufficient; a conflict arose with a contrary decision from the Third District Court of Appeals.
The Ohio Supreme Court accepted the case to resolve the inter-district conflict on whether a statutory citation in a verdict form suffices under R.C. 2945.75(A)(2), and to clarify whether plain-error review applies when such challenges were not raised at trial.

Issue	Mays's Argument	State's Argument	Held
Did the verdict form comply with R.C. 2945.75(A)(2)?	The verdict form failed to state the degree of the offense or aggravating circumstances, so only misdemeanor conviction is permissible.	Citation to R.C. 2919.27(B)(3) suffices, as it clearly establishes felony degree when prior conviction exists.	Statutory citation in verdict form satisfies R.C. 2945.75(A)(2)’s requirement.
Is reference to a statutory section sufficient under R.C. 2945.75(A)(2)?	Reference alone is insufficient; the form must state degree or elements explicitly.	Statutory reference is enough if it mandates the enhanced offense level.	Citation to the relevant statutory section is sufficient to state degree of offense.
Does a defendant forfeit this claim if not objected to at trial (plain error)?	Plain error review should not apply because error benefits defendant and defendant need not object to exposure to higher penalty.	Defendant bears burden to object at trial; lack of objection forfeits all but plain error.	Plain error review applies if defendant fails to object; Mays did not show plain error.
Should the verdict be reduced to a misdemeanor absent specific language?	Yes; statute says least degree of offense applies if form is deficient.	No; the verdict form was not deficient, and even if so, no substantial rights affected.	No reduction warranted; verdict form sufficient and no showing of affected substantial rights.

No bluebook-eligible cases were cited that have official reporter citations. All cases cited in this opinion are from Ohio Supreme Court or Ohio appellate courts and lack conventional bluebook reporter citations.