2022 Ohio 4064
Ohio Ct. App.2022Background
- Daren K. Day was indicted on two counts of grand theft of a motor vehicle (fourth-degree felonies) and one count of robbery (second-degree felony) with a repeat violent offender specification; he pled not guilty, then later entered guilty pleas pursuant to a plea deal.
- The State agreed to recommend dismissal of the RVO specification in exchange for guilty pleas to all counts.
- At sentencing the court merged Counts Two and Three for sentencing and elected Count Three (robbery) for sentencing under the Reagan Tokes Law, imposing an indefinite term of 3 to 4.5 years; Count One received a 12‑month concurrent term.
- Day objected at sentencing, asserting the Reagan Tokes Law (S.B. 201) is unconstitutional under separation of powers, due process, and the right to jury trial.
- Day appealed, raising three assignments of error challenging the constitutionality of the Reagan Tokes Law; the Third District relied on its prior precedent and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Separation of powers: Does Reagan Tokes impermissibly shift sentencing authority? | State: Law is constitutional; sentencing framework valid. | Day: Law vests executive/legislative power in judiciary and parole functions, violating separation of powers. | Court: Rejected; relied on prior Third District precedent holding law facially constitutional. |
| Due process: Does the indefinite sentence violate due process? | State: Procedures provide adequate notice and process. | Day: Indefinite term is arbitrary and lacks required safeguards. | Court: Rejected; prior precedent finds no due process violation. |
| Jury trial: Does Reagan Tokes infringe the right to jury trial? | State: Statutory structure does not require jury factfinding beyond conviction. | Day: Indefinite sentencing facts implicate jury-trial rights. | Court: Rejected; precedent forecloses jury-trial challenge. |
Key Cases Cited
- No officially reported opinions were cited in this decision; the court relied on its prior unpublished/slip opinions addressing Reagan Tokes (e.g., State v. Ball, 2022-Ohio-1549) and other Third District decisions that upheld the statute.