State v. Silka, 2016 Ohio 5784

On Nov. 28, 2014, Michael Silka received a traffic citation for OVI (references to R.C. 4511.19(A)(1)(a) and (h)) and a minor-misdemeanor assured-clear-distance offense; the ticket listed five prior OVIs with years.
On Dec. 2, 2014, Silka pleaded guilty to a first-degree misdemeanor OVI and no-contest to the minor misdemeanor in municipal court; plea accepted.
The State moved to dismiss the municipal case without prejudice, asserting the offense should have been charged as a third-degree felony; the municipal court granted dismissal.
The State then filed felony OVI complaints (third-degree) with specifications alleging five prior OVIs in 20 years; Silka was indicted in common pleas court.
Silka moved to dismiss the felony indictment on double jeopardy grounds because jeopardy attached when the municipal court accepted his guilty plea to the misdemeanor; the trial court granted the dismissal.
The State appealed, arguing the municipal court lacked jurisdiction to accept a plea to misdemeanor because the ticket sufficiently charged a felony, rendering the municipal judgment void and double jeopardy inapplicable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether double jeopardy bars felony prosecution after municipal-court plea to misdemeanor arising from same conduct	Ticket listed five priors and years, so it sufficiently charged an enhanced (felony) OVI; municipal court therefore lacked jurisdiction and its misdemeanor conviction was void, so jeopardy never attached	Ticket did not allege the additional element (degree or that priors were felonies); it charged only the least degree (misdemeanor); municipal court had jurisdiction, accepted plea, and jeopardy attached	Court affirmed dismissal: ticket was insufficient to charge a felony, municipal plea was valid, jeopardy attached, and subsequent felony prosecution is barred by double jeopardy

State v. Gustafson, 76 Ohio St.3d 425 (Ohio 1996) (explains double jeopardy protections and the three-pronged bar)
State ex rel. Leis v. Gusweiler, 65 Ohio St.2d 60 (Ohio 1981) (discusses when jeopardy attaches on guilty plea)
State v. Knaff, 128 Ohio App.3d 90 (Ohio App. 1st Dist.) (recognizes that jeopardy attaches when a court accepts a guilty plea)
State v. Nelson, 51 Ohio App.2d 31 (Ohio App. 8th Dist.) (municipal court lacks jurisdiction to try or convict a defendant of a felony)
State v. Tamburin, 145 Ohio App.3d 774 (Ohio App. 9th Dist.) (failure to allege additional elements converts charge to the least degree offense)
In re S.J., 106 Ohio St.3d 11 (Ohio 2005) (a plea of former jeopardy cannot be based on a void judgment)