2011-Ohio-1049, 943 N.E.2d 571

State v. McCumbers.

No. 2011-0200.Supreme Court of Ohio.
March 16, 2011.

Appeal from the Summit App. No. 25169, 2010-Ohio-6129.

Motion and Procedural Rulings.

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed January 19, 2011:

“Whether, for the purpose of enhancing the offense level in an OVI case, the [s]tate is required to prove the prior OVI convictions by providing a judgment of conviction executed in conformity with Crim. R. 32(C)?”

PFEIFER, J., dissents.

The conflict case is State v. Finney, Fulton App. No. F-06-009, 2006-Ohio-5770.