State v. Meyers, 2015 Ohio 5499

James Meyers was indicted in 2015 on multiple OVI counts; each indictment alleged five prior OVI convictions within 20 years, elevating the 2014/2015 offenses to fourth-degree felonies.
One prior OVI conviction from March 2001 was uncounseled; the municipal court transcript shows Meyers waived counsel on the record and entered a no-contest plea to a second-offense OVI (90 days, 87 suspended).
Meyers moved to dismiss, arguing the 2001 conviction was constitutionally infirm (no valid waiver of counsel) and therefore could not be used for sentence enhancement.
The trial court granted the motions and dismissed the indictments without prejudice, finding the 2001 waiver constitutionally deficient for failing to advise on full penalties, collateral consequences, defenses, or mitigating circumstances.
The State appealed; the Sixth District reviewed the dismissal de novo and examined whether Meyers made a prima facie showing that the 2001 conviction was uncounseled and invalid for enhancement purposes.
The Sixth District reversed: it found Meyers proved he was uncounseled and that the 2001 conviction involved confinement (suspended sentence) but did not produce evidence establishing the waiver itself was invalid, so the presumption that the prior proceeding was constitutional remained unrebutted.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Meyers)	Held
Whether the 2001 OVI conviction was constitutionally infirm and therefore unavailable for enhancement	2001 waiver was valid or, at minimum, State need not prove more because defendant failed to meet prima facie burden	2001 conviction was uncounseled and waiver undocumented/deficient, so it cannot be used to enhance	The 2001 conviction was not shown to be constitutionally infirm; Meyers failed to make a prima facie showing that the waiver was invalid; conviction may be used to enhance
Whether the trial court properly dismissed the 2015 indictments after finding the 2001 conviction infirm	Dismissal was erroneous because the 2001 conviction could be used for enhancement	Dismissal proper because prior conviction was constitutionally defective	Trial court erred in dismissing indictments; judgments reversed and remanded

Scott v. Illinois, 440 U.S. 367 (right to counsel for indigent defendants when imprisonment may be imposed)
Faretta v. California, 422 U.S. 806 (defendant may waive counsel knowingly, intelligently, and voluntarily)
Alabama v. Shelton, 535 U.S. 654 (suspended sentence that may result in actual deprivation of liberty requires counsel)
Gibson v. State, 45 Ohio St.2d 366 (waiver inquiry requirement for self-representation)
State v. Brandon, 45 Ohio St.3d 85 (presumption that prior proceedings were constitutional; defendant must introduce evidence to the contrary)
State v. Brooke, 113 Ohio St.3d 199 (prior conviction that transforms the crime is an element and must be proven; defendant may attack prior on counsel grounds)
State v. Thompson, 121 Ohio St.3d 250 (defendant must make prima facie showing of uncounseled plea; a bald allegation is insufficient)