State v. Curry, 2023 Ohio 1571

Tychon Curry was indicted on aggravated murder, murder, and felonious assault charges with firearm and weapons specifications; case reassigned to mental-health docket.
Parties negotiated a plea: State would amend murder to first-degree involuntary manslaughter with a three‑year firearm specification, dismiss one count, and both sides jointly recommended a total 17‑year sentence under the Reagan Tokes Law (indefinite portion applicable to Count 1).
The trial court conducted a Crim.R. 11 colloquy, explained Reagan Tokes indefinite sentencing, and accepted Curry’s guilty plea as knowing and voluntary.
At sentencing the court imposed the agreed recommendation: three years on the firearm spec (to be served prior to an indefinite 11–16.5 year term on Count 1) plus three years on Count 4, ordered consecutive service, and imposed postrelease control.
Curry appealed, arguing (1) the record did not support the statutory findings for consecutive sentences under R.C. 2929.14(C)(4) and (2) the Reagan Tokes Law (R.C. 2967.271) is unconstitutional on multiple grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court failed to make the required R.C. 2929.14(C)(4) findings for consecutive sentences	State: sentence was a jointly recommended sentence authorized by law and thus not subject to review under R.C. 2953.08(D)(1)	Curry: trial court only recited statutory language and record does not support the consecutive-sentence findings	Court: Affirmed — jointly recommended consecutive sentence is authorized by law and not reviewable under R.C. 2953.08(D)(1); first assignment overruled
Whether the Reagan Tokes indefinite-sentencing scheme is unconstitutional	State: enforcement follows binding Eighth District precedent (en banc Delvallie) and the sentence was properly imposed	Curry: scheme violates Due Process, Sixth Amendment jury trial right, separation of powers, fair‑warning, and grants excessive authority to ODRC	Court: Overruled — preserved challenge but applied controlling en banc Eighth District authority rejecting those constitutional attacks

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (sets standard for appellate review of felony sentences under R.C. 2953.08(G)(2))
State v. Grant, 111 N.E.3d 791 (8th Dist. 2018) (jointly recommended nonmandatory consecutive sentences authorized by law and not reviewable on appeal)
State v. Sergent, 69 N.E.3d 627 (Ohio 2016) (addresses trial court obligations where sentence is jointly recommended)
State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision controlling Eighth District treatment of Reagan Tokes constitutionality)
State v. Daniel, 173 N.E.3d 184 (8th Dist. 2021) (found Reagan Tokes unconstitutional on multiple grounds)
State v. Sealey, 173 N.E.3d 894 (8th Dist. 2021) (another decision addressing Reagan Tokes challenges)
State v. Hughes, 134 N.E.3d 710 (8th Dist. 2019) (discusses Marsy’s Law victim rights and related procedures)