State v. Drewery, 2022 Ohio 838

In July 2019 Drewery was indicted on nine counts arising from a homicide and related offenses; he pleaded guilty in January 2020 to voluntary manslaughter (1st degree), failure to comply (3rd), tampering with evidence (3rd), and grand theft (4th).
The trial court imposed an indefinite sentence under the Reagan Tokes Law: 7 to 10.5 years on voluntary manslaughter plus a consecutive 3-year firearm specification, and additional terms for other counts, producing an aggregate sentence of 13 to 16.5 years.
On appeal Drewery challenged the constitutionality of the Reagan Tokes Law, arguing it violated his rights to trial by jury, separation of powers, and due process.
The Eighth District applied its en banc decision in State v. Delvallie and overruled the constitutional challenges.
The appellate court affirmed the sentence and remanded for execution; a concurrence/dissent posture among judges was noted (one judge would have found parts of the statute unconstitutional but was constrained by Delvallie).
The opinion notes that neither party challenged the validity of the imposed sentence’s mechanics on appeal, citing precedent limiting the scope of challenges to sentencing validity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Reagan Tokes Law (as applied to first- and second-degree felony sentences) is constitutional	State: Reagan Tokes is constitutional; trial court correctly applied the statute (court relied on controlling precedent)	Drewery: Reagan Tokes violates jury trial right, separation of powers, and due process	Court: Overruled challenges; affirmed sentence (followed Delvallie en banc decision)

State v. Harper, 159 N.E.3d 248 (2020) (limits the scope of direct appeals regarding sentencing validity)
State v. Henderson, 162 N.E.3d 776 (2020) (same point on appellate scope for sentencing challenges)