State v. Coykendall
2021 Ohio 3407
Ohio Ct. App.2021Background
- Coykendall was indicted in two separate Marion County cases: 19-CR-420 (burglary, possessing criminal tools) and 19-CR-434 (multiple counts including burglary, forgery, theft, receiving stolen property).
- He entered written plea agreements in both cases pleading guilty to one second-degree burglary count in each case; the agreements jointly recommended concurrent indefinite terms of 6–9 years.
- At sentencing the trial court rejected the joint recommendation and imposed 5–7.5 year indefinite terms on each burglary count, ordered to run consecutively; the court also imposed a 12-month term for a PRC violation in 19-CR-420 to run consecutively.
- The sentencing entry in 19-CR-434 explicitly dismissed the remaining counts; the 19-CR-420 entry did not dispose of the possessing criminal tools count.
- The State moved to dismiss the appeal for 19-CR-420 for lack of a final appealable order; the appellate court agreed and dismissed appeal 9-20-24 for lack of jurisdiction.
- The court remanded 19-CR-434 because the consecutive-sentence issue turned on whether the linked sentences could be ordered consecutive while 19-CR-420 was not final; the court rejected Coykendall’s facial separation-of-powers challenge to the Reagan Tokes Law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing consecutive sentences without required R.C. 2929.14(C)(4) findings | The State defended the sentence as proper (court may impose consecutive terms) | Coykendall: court imposed consecutive terms without the statutory findings/factual basis | Sustained in part: remand 19-CR-434 for further proceedings because 19-CR-420 is not final and the sentences are inextricably linked |
| Whether the Reagan Tokes sentencing scheme violates separation of powers | The State: Reagan Tokes is constitutional; prior circuit precedent supports upholding it | Coykendall: facial challenge — Reagan Tokes unlawfully delegates sentencing authority, violates separation of powers | Overruled: court declined to revisit its precedent and rejected the facial separation-of-powers challenge |
Key Cases Cited
- State v. Maddox, 160 Ohio St.3d 1505 (Supreme Court accepted case to decide ripeness/constitutionality issues under the Reagan Tokes Law)