State v. Criswell, 2022 Ohio 2450

Criswell was indicted on March 12, 2021 for two counts of involuntary manslaughter (first-degree felonies) and one count of having weapons while under disability (third-degree felony); a firearm specification was charged on the manslaughter counts.
On October 12, 2021 Criswell pleaded no contest to one count of involuntary manslaughter under a plea agreement; the State dismissed the other counts and the firearm specification.
The trial court accepted the plea and on November 9, 2021 sentenced Criswell to an indefinite term with a minimum of 8 years and a maximum of 12 years imprisonment.
Criswell appealed, raising two assignments of error: (1) the minimum 8-year term violates R.C. 2929.11 (purposes/principles of felony sentencing); and (2) the Reagan Tokes Law, as applied, violates due process.
The appellate court reviewed under R.C. 2953.08(G)(2) (whether the sentence is contrary to law or unsupported by the record) and applied controlling Ohio precedent about limits on reviewing R.C. 2929.11/R.C. 2929.12-based challenges.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Criswell)	Held
Whether the minimum 8-year term violated R.C. 2929.11	Sentence is within statutory range and the court considered R.C. 2929.11, so it is lawful	Record does not support an 8-year minimum; sentence not aligned with sentencing purposes/principles	Court: Sentence is within statutory range and not contrary to law; review limited by Jones, so defendant's R.C. 2929.11 challenge fails
Whether Reagan Tokes Law is unconstitutional as applied (due process)	Reagan Tokes is constitutional; defendant waived the claim by not raising it at sentencing; precedents uphold the statute	As‑applied due process violation because post‑sentence DRC review/hearing can extend incarceration without the defendant being before the sentencing judge	Court: Claim waived for failure to raise at trial; on the merits courts have held Reagan Tokes constitutional as applied; claim overruled

State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for reviewing felony sentences under R.C. 2953.08)
State v. Jones, 163 Ohio St.3d 242 (2020) (limits appellate relief for sentences challenged solely under R.C. 2929.11/R.C. 2929.12)
Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear and convincing evidence)
State v. Payne, 114 Ohio St.3d 502 (2007) (a court’s statement that it considered required sentencing factors can suffice)
State v. Awan, 22 Ohio St.3d 120 (1986) (constitutional challenges must ordinarily be raised at the trial level)
Belden v. Union Central Life Ins. Co., 143 Ohio St. 329 (1944) (standard for as‑applied unconstitutionality requiring clear and convincing proof)