State v. Freetage, 2021 Ohio 4050

Undercover detective in plain clothes approached Freetage's unplated truck in an abandoned lot; Freetage produced a sawed-off 12‑gauge shotgun and pointed it at the detective.
The detective retreated; Freetage fled and a pursuit followed in which he twice braked and reversed his truck toward the detective, who avoided collision.
Police later located and arrested Freetage; a shotgun was recovered from a friend’s house the next day.
Indictment included three felonious‑assault counts: count one for pointing the shotgun, counts two and three for the two reversing incidents; other weapons charges were also tried.
Jury convicted on multiple counts; trial court imposed concurrent prison terms including an indefinite term under the Reagan Tokes Act but failed to give oral notice of mandatory post‑release control (though the journal entry included it).
On appeal Freetage challenged sufficiency/weight of evidence, Reagan Tokes constitutionality, and failure to impose post‑release control at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for count one (pointing shotgun)	State: pointing shows attempt to cause harm when viewed with later conduct	Freetage: pointing alone is equivocal and insufficient to prove attempt	Vacated count one—pointing alone (without strongly corroborative intent) insufficient under Brooks
Sufficiency/weight for counts two & three (reversing vehicle)	State: reversing/braking toward detective during pursuit shows intent to cause harm using a deadly weapon (vehicle)	Freetage: distances (30–50 yards) and lack of contact negate intent to cause serious physical harm	Affirmed counts two & three—jury reasonably could find conduct strongly corroborative of intent; not against manifest weight
Constitutionality of Reagan Tokes indefinite sentence	State: statute is presumptively constitutional; challenge not preserved	Freetage: indefinite sentencing violates separation of powers and due process	Not reached on merits—no plain error shown; appeal of constitutionality declined
Failure to impose/notify mandatory post‑release control at sentencing	State: journal entry included PRC; remedy available under statute	Freetage: absence of oral notice makes sentence void and requires resentencing	Remanded for R.C. 2929.191 hearing to provide proper PRC notice (not full resentencing)

State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (defines sufficiency vs. weight standards)
State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (standard for reviewing sufficiency of the evidence)
State v. Brooks, 44 Ohio St.3d 185, 542 N.E.2d 636 (pointing a deadly weapon alone is equivocal and insufficient for felonious assault under R.C. 2903.11(A)(2))
State v. Woods, 48 Ohio St.2d 127, 357 N.E.2d 1059 (substantial‑step analysis for attempt)
State v. Martin, 20 Ohio App.3d 172, 485 N.E.2d 717 (standard for granting new trial based on manifest weight)
State v. Singleton, 124 Ohio St.3d 173, 920 N.E.2d 958 (statutory remedy for failure to properly impose post‑release control)