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Ohio Revised Code

Ohio Rev. Code § 2945.75 (2026)

Degree of offense - proof of prior convictions

✓ current as of May 2026
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Effective:
September 30, 2008
Latest Legislation:
Senate Bill 17 - 127th General Assembly
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(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 (Ohio 2024).
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State v. Mays, 2024 Ohio 4616 (Ohio 2024). · cites it 252× “] Criminal law—R.C. 2945.75—The requirement in R.C. 2945.”
State v. McDonald, 2013 Ohio 5042 (Ohio 2013). · cites it 49× “11CA1, 2012-Ohio-1528 . ____________________ PFEIFER, J.”
State v. Gwen, 2012 Ohio 5046 (Ohio 2012). · cites it 41× “Proof 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 14× “{¶ 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 (Ohio Ct. App. 2019). · cites it 22× “The 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 (Ohio Ct. App. 2012). · cites it 10× “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 (Ohio Ct. App. 2023). · cites it 36× “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.”
State v. Duncan, 2014 Ohio 2720 (Ohio Ct. App. 2014). · cites it 37× “R.C. 2945.75 sets forth the requirements of a verdict form.”
State v. Walker, 2022 Ohio 1238 (Ohio Ct. App. 2022). · cites it 15× “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. Dillard, 2014 Ohio 4974 (Ohio Ct. App. 2014). · cites it 13× “(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 (Ohio Ct. App. 2014). · cites it 32× “The 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 (Ohio Ct. App. 2023). · cites it 52× “In other words, R.C. 2945.75 “applies to different degree levels within ‘an offense,’ not to different offenses altogether.”
Show all 373 citing cases →
— Ohio Rev. Code § 2945.75(8) — 2 cases
Blade v. Stuff (N.D. Ohio 2025).
Blade (N.D. Ohio 2026).
— Ohio Rev. Code § 2945.75(A) — 55 cases
State v. Kilbane, 2014 Ohio 1228 (Ohio Ct. App. 2014).
State v. Schentur, 2020 Ohio 1603 (Ohio Ct. App. 2020).
State v. Robinson, 2016 Ohio 3330 (Ohio Ct. App. 2016).
State v. Eafford, 2012 Ohio 2224 (Ohio 2012).
State v. Mays, 2024 Ohio 4616 (Ohio 2024). “] Criminal law—R.C. 2945.75—The requirement in R.C. 2945.”
— Ohio Rev. Code § 2945.75(A)(1) — 19 cases
State v. McDonald, 2013 Ohio 5042 (Ohio 2013). “11CA1, 2012-Ohio-1528 . ____________________ PFEIFER, J.”
State v. Smith, 905 N.E.2d 151 (Ohio 2009).
State v. Mays, 2024 Ohio 4616 (Ohio 2024). “] Criminal law—R.C. 2945.75—The requirement in R.C. 2945.”
State v. Easterling, 2019 Ohio 2470 (Ohio Ct. App. 2019).
State v. Pendergrass (Slip Opinion), 2020 Ohio 3335 (Ohio 2020).
— Ohio Rev. Code § 2945.75(A)(2) — 167 cases
State v. Mays, 2024 Ohio 4616 (Ohio 2024). “] Criminal law—R.C. 2945.75—The requirement in R.C. 2945.”
State v. McDonald, 2013 Ohio 5042 (Ohio 2013). “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 (Ohio Ct. App. 2012). “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 (Ohio Ct. App. 2023). “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 (Ohio Ct. App. 2022). “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 (Ohio 2012). “Proof under R.C. 2945.75(B) {¶ 13} The General Assembly has enacted a statute specifically addressing proof of a prior conviction.”
State v. McLaughlin, 2020 Ohio 969 (Ohio Ct. App. 2020).
State v. High, 757 N.E.2d 1176 (Ohio Ct. App. 2001).
State v. Brooke, 863 N.E.2d 1024 (Ohio 2007).
— Ohio Rev. Code § 2945.75(B)(1) — 73 cases
State v. Gwen, 2012 Ohio 5046 (Ohio 2012). “Proof under R.C. 2945.75(B) {¶ 13} The General Assembly has enacted a statute specifically addressing proof of a prior conviction.”
State v. Raia, 2014 Ohio 2707 (Ohio Ct. App. 2014).
State v. Harris, 2017 Ohio 5594 (Ohio Ct. App. 2017).
State v. Johnson, 2022 Ohio 4629 (Ohio Ct. App. 2022).
State v. Spaulding (Slip Opinion), 2016 Ohio 8126 (Ohio 2016).
— Ohio Rev. Code § 2945.75(B)(2) — 13 cases
State v. Nelson, 2020 Ohio 4657 (Ohio Ct. App. 2020).
State v. Gwen, 2012 Ohio 5046 (Ohio 2012). “Proof under R.C. 2945.75(B) {¶ 13} The General Assembly has enacted a statute specifically addressing proof of a prior conviction.”
State v. Simin, 2012 Ohio 4389 (Ohio Ct. App. 2012).
State v. Tucker, 2023 Ohio 2894 (Ohio Ct. App. 2023).
State v. McCraw, 2015 Ohio 3809 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2945.75(B)(3) — 10 cases
State v. Williams, 2011 Ohio 6267 (Ohio Ct. App. 2011).
State v. King, 2012 Ohio 1281 (Ohio Ct. App. 2012).
State v. Meyers, 2015 Ohio 5499 (Ohio Ct. App. 2015).
State v. Lowe, 2012 Ohio 907 (Ohio Ct. App. 2012).
State v. Waheed, 2016 Ohio 2951 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2945.75(E) — 2 cases
State v. Jacks, 2025 Ohio 2541 (Ohio Ct. App. 2025).
State v. Hopkins, 2025 Ohio 4681 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2945.75(H) — 7 cases
State v. Lewis, 2021 Ohio 1895 (Ohio Ct. App. 2021).
State v. Knott, 2024 Ohio 2289 (Ohio Ct. App. 2024).
State v. Sweeney, 2024 Ohio 3425 (Ohio Ct. App. 2024).
State v. Votaw, 2024 Ohio 5349 (Ohio Ct. App. 2024).
State v. Boyd, 2024 Ohio 1517 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2945.75(a)(2) — 1 case
State v. Harris, 2012 Ohio 1853 (Ohio Ct. App. 2012).
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