(A) When the presence of one or more additional elements makes an offense one of more serious degree:
(1) The affidavit, complaint, indictment, or information either shall state the degree of the offense which the accused is alleged to have committed, or shall allege such additional element or elements. Otherwise, such affidavit, complaint, indictment, or information is effective to charge only the least degree of the offense.
(2) A guilty verdict shall state either the degree of the offense of which the offender is found guilty, or that such additional element or elements are present. Otherwise, a guilty verdict constitutes a finding of guilty of the least degree of the offense charged.
(B)(1) Whenever in any case it is necessary to prove a prior conviction, a certified copy of the entry of judgment in such prior conviction together with evidence sufficient to identify the defendant named in the entry as the offender in the case at bar, is sufficient to prove such prior conviction.
(2) Whenever in any case it is necessary to prove a prior conviction of an offense for which the registrar of motor vehicles maintains a record, a certified copy of the record that shows the name, date of birth, and social security number of the accused is prima-facie evidence of the identity of the accused and prima-facie evidence of all prior convictions shown on the record. The accused may offer evidence to rebut the prima-facie evidence of the accused's identity and the evidence of prior convictions. Proof of a prior conviction of an offense for which the registrar maintains a record may also be proved as provided in division (B)(1) of this section.
(3) If the defendant claims a constitutional defect in any prior conviction, the defendant has the burden of proving the defect by a preponderance of the evidence.
Notes of Decisions
Cited in 373
cases (99 in the last 5 years), 1962–2026 · leading case: State v. Mays, 2024-Ohio-4616, 251 N.E.3d 41.
State v. Mays, 2024-Ohio-4616, 251 N.E.3d 41. · cites it 252ד] Criminal law—R.C. 2945.75—The requirement in R.C. 2945.”
State v. McDonald, 2013-Ohio-5042, 1 N.E.3d 374. · cites it 49ד11CA1, 2012-Ohio-1528 . ____________________ PFEIFER, J.”
State v. Gwen, 2012-Ohio-5046, 982 N.E.2d 626. · cites it 41דProof under R.C. 2945.75(B) {¶ 13} The General Assembly has enacted a statute specifically addressing proof of a prior conviction.”
State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007). · cites it 14ד{¶ 7} R.C. 2945.75 provides: {¶ 8} “(A) When the presence of one or more additional elements makes an offense one of more serious degree: {¶ 9} “(1) The affidavit, complaint, indictment, or information either shall state the degree of the offense which the accused is alleged to…”
State v. Sanders, 2019-Ohio-1524. · cites it 22דThe express requirement of the statute cannot be fulfilled by demonstrating additional circumstances, such as that the verdict incorporates the language of the indictment, or by presenting evidence to show the presence of the aggravated element at trial or the incorporation of…”
State v. Haller, 2012-Ohio-5233. · cites it 10דOn appeal, Haller contends that the verdict forms for Counts X and XII were insufficient under R.C. 2945.75 to support his convictions for second degree felonies; that the trial court erred when it did not merge Counts XI, XII, and XV, and when it did not merge Counts XIII and…”
State v. Sims, 2023-Ohio-4711, 232 N.E.3d 956. · cites it 36דSecond, for a jury to convict a defendant of the felony version of an offense that also has a misdemeanor counterpart, the jury cannot use an identical verdict form.”
State v. Duncan, 2014-Ohio-2720. · cites it 37דR.C. 2945.75 sets forth the requirements of a verdict form.”
State v. Walker, 2022-Ohio-1238. · cites it 15דThe state can prove the prior convictions by either following the requirements of R.C. 2945.75 or by receiving a stipulation from the defendant.”
State v. Dillard, 2014-Ohio-4974. · cites it 13ד(OP1) {¶32} R.C. 2945.75 provides: (A) When the presence of one or more additional elements makes an offense one of more serious degree: *** (2) A guilty verdict shall state either the degree of the offense of which the offender is found guilty or that such additional element or…”
State v. Barnette, 2014-Ohio-5405. · cites it 32דThe issue in this case is whether a plain error analysis applies to that error or must there be strict compliance with the statutory mandates in R.”
State v. Mays, 2023-Ohio-1908. · cites it 52דIn other words, R.C. 2945.75 “applies to different degree levels within ‘an offense,’ not to different offenses altogether.”
State v. Mays, 2024-Ohio-4616, 251 N.E.3d 41. “] Criminal law—R.C. 2945.75—The requirement in R.C. 2945.”
State v. McDonald, 2013-Ohio-5042, 1 N.E.3d 374. “11CA1, 2012-Ohio-1528 . ____________________ PFEIFER, J.”
State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007). “{¶ 7} R.C. 2945.75 provides: {¶ 8} “(A) When the presence of one or more additional elements makes an offense one of more serious degree: {¶ 9} “(1) The affidavit, complaint, indictment, or information either shall state the degree of the offense which the accused is alleged to…”
State v. Haller, 2012-Ohio-5233. “On appeal, Haller contends that the verdict forms for Counts X and XII were insufficient under R.C. 2945.75 to support his convictions for second degree felonies; that the trial court erred when it did not merge Counts XI, XII, and XV, and when it did not merge Counts XIII and…”
State v. Sims, 2023-Ohio-4711, 232 N.E.3d 956. “Second, for a jury to convict a defendant of the felony version of an offense that also has a misdemeanor counterpart, the jury cannot use an identical verdict form.”
Ohio Rev. Code § 2945.75(B): 45 cases
State v. Walker, 2022-Ohio-1238. “The state can prove the prior convictions by either following the requirements of R.C. 2945.75 or by receiving a stipulation from the defendant.”
State v. Gwen, 2012-Ohio-5046, 982 N.E.2d 626. “Proof under R.C. 2945.75(B) {¶ 13} The General Assembly has enacted a statute specifically addressing proof of a prior conviction.”
State v. Gwen, 2012-Ohio-5046, 982 N.E.2d 626. “Proof under R.C. 2945.75(B) {¶ 13} The General Assembly has enacted a statute specifically addressing proof of a prior conviction.”
State v. Gwen, 2012-Ohio-5046, 982 N.E.2d 626. “Proof under R.C. 2945.75(B) {¶ 13} The General Assembly has enacted a statute specifically addressing proof of a prior conviction.”
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