2020 Ohio 1329
Ohio Ct. App.2020Background
- Lisa Varner was charged after an October 5, 2018 traffic stop with OVI under R.C. 4511.19(A)(1)(a), a refusal offense under R.C. 4511.19(A)(2) (refusing a chemical test), and related offenses; the citation referenced a prior OVI.
- Varner offered a stipulation admitting a prior OVI conviction within 20 years; the state accepted the stipulation.
- Varner moved in limine to exclude all evidence of the prior OVI as unfairly prejudicial under Evid.R. 403(A); the trial court granted the motion and also said it would not instruct the jury about any prior OVI convictions within 20 years.
- The state appealed, arguing (1) a prior OVI within 20 years is an essential element of a refusal offense under R.C. 4511.19(A)(2) that must be proved beyond a reasonable doubt and (2) the jury must be instructed accordingly.
- The court of appeals reversed: it held the prior conviction is an element of the (A)(2) offense, the offered stipulation was admissible (and should be accepted pursuant to Old Chief principles), and the trial court must instruct the jury on the prior-conviction element; the case was remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence of Varner's prior OVI (within 20 years) may be admitted | State: prior OVI is an element of R.C. 4511.19(A)(2); evidence (or stipulation) is necessary to prove the offense | Varner: admission of prior OVI is unfairly prejudicial under Evid.R.403(A); Baird supports exclusion | Court: prior OVI is an essential element; trial court abused discretion by excluding the stipulation; stipulation admissible with appropriate limiting instruction |
| Whether the jury must be instructed about the prior OVI element | State: court must instruct jury that a prior OVI within 20 years is an element of (A)(2) and must be proven beyond a reasonable doubt | Varner: trial court declined to instruct; argued instruction not appropriate | Court: trial court abused discretion by refusing the instruction; must give correct legal instruction (e.g., OJI CR 711.19(A)(2)) |
Key Cases Cited
- State v. Allen, 29 Ohio St.3d 53 (1987) (prior conviction that only enhances penalty is not an essential element)
- State v. Hoover, 123 Ohio St.3d 418 (2009) (R.C. 4511.19(A)(2) has three elements, including a prior OVI within 20 years)
- Old Chief v. United States, 519 U.S. 172 (1997) (when prior conviction is an element of the offense, a defendant's stipulation to the fact of conviction must be accepted to avoid undue prejudice)
- State v. Day, 99 Ohio App.3d 514 (1994) (when prior offense is an element of a subsequent crime, the state must prove it beyond a reasonable doubt)