State v. Adkins
Annotate this CaseDefendant Gary Adkins was convicted of a violation of operating a motor vehicle while under the influence of alcohol (OVI). The trial court found that pursuant to Ohio Rev. Code 4511.19(G)(1)(d) Adkins had been convicted of five or more OVI offenses within the previous 20 years, including a prior juvenile adjudication, making his conviction for an OVI a fourth-degree felony. Pursuant to R.C. 2901.08, effective January 1, 1996, a prior juvenile adjudication constitutes a prior conviction for purposes of Ohio Rev. Code 4511.19(G)(1)(d). Adkins appealed, contending that his juvenile adjudication, which occurred before the effective date of Ohio Rev. Code 2901.08, should not be considered a prior conviction and that an application of Ohio Rev. Code 4511.19(G)(1)(d) to his case would require an unconstitutional retrospective application of Ohio Rev. Code 2901.08. The appellate court affirmed Adkins's conviction. The Supreme Court affirmed, holding that Ohio Rev. Code 2901.18 is applied prospectively and is not unconstitutionally retroactive.
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