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State v. Brooke11/18/2005
f Crim.R. 44 and Crim.R. 22. Nowhere in the record does it affirmatively appear that appellant entered a valid waiver of her right to be represented by counsel in each of her two prior convictions in the Chardon Municipal Court.
{ } For the foregoing reasons, Brooke's sole assignment of error has merit. Any use of her three prior convictions for enhancement of the current charge is impermissible. The trial court's judgment denying Brooke's motion to dismiss or for alternative relief is reversed, and this case is remanded for further proceedings consistent with this opinion.
DONALD R. FORD, P.J., WILLIAM M. O'NEILL, J., concurs.
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