State v. Allen, 2023 Ohio 527

Defendant Mario Allen faced two consolidated Cuyahoga County cases charging weapons offenses, receiving stolen property, multiple sexual offenses, kidnapping, and related specifications.
Allen entered a negotiated plea in April 2022: guilty pleas to selected counts in both cases; remaining counts were nolled to resolve all pending matters.
Sentencing (May 9, 2022): in one case Allen received one- and two-year terms totaling two years; in the other he received an indefinite 6-to-9 year term under the Reagan Tokes Law plus a consecutive 5-year term on another count.
Allen did not object at sentencing or raise a constitutional challenge to the Reagan Tokes Law below; he later appealed claiming the Law is unconstitutional (jury-trial, separation-of-powers, due-process claims).
The court applied plain-error review because the claim was not preserved and relied on the Eighth District’s en banc decision in State v. Delvallie upholding the Reagan Tokes Law, finding no plain error and affirming the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of Reagan Tokes Law	State contends the Law is constitutional and its application to Allen valid	Allen argues the Law violates the right to jury trial, separation-of-powers, and due process	Court, following Delvallie and related Eighth Dist. precedent, held the Law is not unconstitutional and rejected Allen’s challenges
Preservation / Plain-error review	State argues defendant forfeited objections by not raising them at sentencing	Allen seeks review despite not objecting; asks court to find error plain and prejudicial	Court reviewed for plain error, found no plain or outcome-determinative error, and affirmed sentence

State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision sustaining Reagan Tokes Law)
State v. Gamble, 173 N.E.3d 132 (8th Dist. 2021) (Eighth District precedent upholding aspects of Reagan Tokes)
State v. Simmons, 169 N.E.3d 728 (8th Dist. 2021) (Eighth District precedent on Reagan Tokes challenges)
State v. Wilburn, 168 N.E.3d 873 (8th Dist. 2021) (Eighth District precedent on Reagan Tokes)
State v. Buttery, 164 N.E.3d 294 (Ohio 2020) (plain-error standard and preservation principles)
State v. Quarterman, 19 N.E.3d 900 (Ohio 2014) (appellate plain-error review authority)
State v. Harper, 159 N.E.3d 248 (Ohio 2020) (limitations on appellate review when issues not raised below)
State v. Henderson, 162 N.E.3d 776 (Ohio 2020) (same)