2022 Ohio 689
Ohio Ct. App.2022Background
- Two consolidated Cuyahoga County cases: CR-20-649596-B (robbery-related) and CR-20-654686-A (burglary-related).
- In the robbery case Anderson pleaded guilty to second-degree felony robbery with a one-year firearm specification; other indicted counts were dismissed.
- In the burglary case he pleaded guilty to a fourth-degree felony burglary and a misdemeanor criminal-damaging offense; that sentence ran concurrent to the robbery sentence.
- The trial court imposed a Reagan Tokes non-life indefinite term of 4–6 years for the second-degree robbery, plus a consecutive one-year term for the firearm specification; the court advised at plea that R.C. 2929.144 would apply.
- On appeal Anderson argued the Reagan Tokes non-life indefinite sentencing scheme violates separation of powers, analogizing it to Ohio’s former “bad time” law held unconstitutional in State ex rel. Bray v. Russell.
- The Eighth District (relying on its en banc decision in State v. Delvallie) rejected Anderson’s separation-of-powers challenge, distinguished Bray, and affirmed the convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Reagan Tokes non-life indefinite sentencing scheme violates separation of powers (rendering the robbery conviction void) | State: Reagan Tokes is constitutional and properly applied | Anderson: Reagan Tokes unlawfully grants the executive power to extend confinement (like the ‘‘bad time’’ law in Bray) | Court: Affirmed — Reagan Tokes does not share the constitutional defect of Bray; conviction/sentence upheld |
Key Cases Cited
- State ex rel. Bray v. Russell, 89 Ohio St.3d 132, 729 N.E.2d 359 (Ohio 2000) (invalidated Ohio’s former “bad time” statute for improperly delegating power to keep prisoners confined beyond their court-imposed sentences)