State v. Tate, 138 Ohio St. 3d 139

Tate was charged with felony domestic violence after an July 18, 2011 incident involving Yesolde Collins and her escort; the felony charge included an allegation of two prior domestic-violence convictions.
Two Franklin County domestic-violence convictions were identified and introduced by stipulation with authenticity noted by the prosecutor.
Before jury selection, the parties stipulated to the two prior convictions; the court noted the stipulation and the authenticity.
The trial court instructed the jury that the prior-conviction evidence could establish a felony element but could not prove the other elements of the current charge.
The defense requested limiting instructions that the prior-convictions evidence could not be used to prove character or propensity, which the court adopted.
The Court of Appeals reversed Tate’s conviction on plain-error grounds, concluding the state failed to prove identity of Tate as the person named in the prior convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the stipulation establish Tate's identity to the prior convictions?	Tate stipulates to identity via certified records; authenticity suffices.	Stipulation to authenticity alone does not prove identity; testimony required.	Identity established; conviction reinstated.

State v. Allen, 29 Ohio St.3d 53 (1987) (prior-conviction element must be proven; identity not automatic)
State v. Henderson, 58 Ohio St.2d 171 (1979) (prior conviction as element; proof required)
State v. Gwen, 134 Ohio St.3d 284 (2012) (R.C. 2945.75(B)(1) allows stipulation to prove prior conviction)
Gittings v. Baker, 2 Ohio St. 21 (1853) (recognizes ability to waive rights and stipulate facts)