State v. Acosta, 2021 Ohio 757

May 10, 2019 search of Angelo Acosta’s residence produced drugs; two indictments followed charging multiple trafficking, possession, and illegal manufacture counts.
Acosta initially pled guilty January 27, 2020, later withdrew those pleas and re-plead guilty on February 14, 2020 after advising he had been medicated earlier.
In CR0201902038 Acosta pled to one count of trafficking in cocaine (F2) and was immediately sentenced to a six-year minimum term; other charge dismissed.
In CR0201902703 Acosta pled to multiple counts (aggravated possession F3; trafficking in heroin F2; possession F5) and received consecutive terms totaling 60 months, concurrent with the six-year term for a combined minimum of 11 years.
At plea/sentencing the court provided and Acosta signed forms explaining R.C. 2967.271 (the Reagan Tokes law); no constitutional objection was raised below.
Acosta appealed raising two issues: (1) Reagan Tokes is unconstitutional (separation of powers); (2) trial court failed to comply with R.C. 2929.11/2929.12 in sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of Reagan Tokes (R.C. 2967.271) — separation of powers	Acosta: law unconstitutionally delegates judicial sentencing authority to ODRC by allowing extension of prison term for institutional infractions	State: Acosta waived the challenge by not objecting below; ODRC does not create a new sentence but can only extend a previously imposed maximum; issue not ripe until ODRC actually extends term	Court: Challenge waived and not ripe for review absent an actual extension; assignment not well-taken
Compliance with R.C. 2929.11/2929.12 in sentencing	Acosta: trial court failed to properly consider his drug addiction and remorse as mitigating factors	State: trial court expressly considered statutory sentencing purposes and factors and explained reasons for punishment and deterrence	Court: Record shows the court considered R.C. 2929.11/2929.12; sentence not contrary to law; assignment not well-taken

State v. Quarterman, 19 N.E.3d 900 (Ohio 2014) (plain-error standard for appellate review)
Dayton v. State, 87 N.E.3d 176 (Ohio 2017) (statute is presumed constitutional; challenger must show unconstitutionality beyond a reasonable doubt)
State v. Velliquette, 161 N.E.3d 708 (Ohio 2021) (Reagan Tokes constitutional/ripeness issues not ripe absent ODRC extension)
State v. Brimacombe, 960 N.E.2d 1042 (Ohio App. 2011) (trial court’s statement that it considered R.C. 2929.11/2929.12 suffices to show compliance)