Whenever it is necessary to allege a prior conviction of the accused in an indictment or information, it is sufficient to allege that the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving the name of the offense, or stating the substantial elements thereof.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1965–2024 · leading case: State v. Larsen, 624 N.E.2d 766 (Ohio Ct. App. 4th Dist. 1993).
State v. Larsen, 624 N.E.2d 766 (Ohio Ct. App. 4th Dist. 1993). · cites it 16דAs we noted above, appellant should have challenged the May 5, 1992 judgment by filing a direct appeal from that judgment.”
State v. Midwest Pride IV, Inc., 721 N.E.2d 458 (Ohio Ct. App. 12th Dist. 1998). · cites it 5דIn its fifth assignment of error, appellant contends: “The trial court erred in not dismissing the indictment or at the least in failing to strike the prior conviction allegation from the indictment because of its failure to comply with O.R.C. 2941.11, and because the prior…”
State v. Watts, 2024-Ohio-3385, 252 N.E.3d 210. “WATTS’S INDICTMENT AS TO THE WEAPONS UNDER DISABILITY OFFENSE WITH THE SPECIFICATION WAS VOID, IN VIOLATION OF THE OHIO CONSTITUTION AND R.C. 2941.11. THE TRIAL COURT REVERSIBLY ERRED IN AMENDING WATTS’S INDICTMENT AS TO THAT COUNT UNDER CRIM.”
State v. Winters, 209 N.E.2d 131 (Ohio 1965). · cites it 2ד11, Revised Code: “Whenever it is necessary to allege a prior conviction of the accused in an indictment or information, it is sufficient to allege that the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving the name…”
State v. Soke, 584 N.E.2d 1273 (Ohio Ct. App. 11th Dist. 1989). “The trial court erred in failing to quash the indictment below and remand the matter to the grand jury in finding that said indictment was not defectively vague pursuant to O.R.C. 2941.11.” In his first assignment of error, appellant argues that the court erred by permitting the…”
State v. Caldwell, 2018-Ohio-3370. “{¶22} R.C. 2941.11 states: Whenever it is necessary to allege a prior conviction of the accused in an indictment or information, it is sufficient to allege that the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving…”
State v. Daniels, 572 N.E.2d 129 (Ohio Ct. App. 9th Dist. 1988). “The pleading is sufficient if the indictment alleges “that the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense * * R.C. 2941.11. To prove the prior conviction at trial, the state need only tender a certified copy of the…”
State v. Winters, 31 Ohio Law Rep. 102 (Ohio 1965). · cites it 2דThe provisions of Section 2941.11, Revised Code, are mandatory and an allegation of a prior conviction in an indictment or information must show that “the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving the name of…”
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