2022 Ohio 2142
Ohio Ct. App.2022Background
- Defendant Terry Giancaterino pled guilty to 16 counts (13 counts of pandering sexually oriented matter involving a minor under R.C. 2907.322(A)(1); 3 counts of illegal use of a minor in nudity-oriented material under R.C. 2907.323(A)(1)); all were second-degree felonies occurring June–Aug 2020.
- Trial court imposed Reagan Tokes indefinite concurrent sentences: minimum 3 years, maximum 4.5 years on each count; five years mandatory postrelease control; Tier II sex-offender classification.
- Defense objected, arguing the Reagan Tokes Law is unconstitutional (violates jury trial right, separation of powers, due process); defendant appealed the sentence.
- The majority affirmed the sentences, relying on this district’s en banc decision in State v. Delvallie to reject the constitutional challenges.
- Judge Anita Laster Mays concurred (noting constraint to follow Delvallie). Judge Sean C. Gallagher dissented, arguing the appeal should be dismissed because the trial court imposed a "blanket" sentence rather than separate sentences on each count, so there is no final appealable order and resentencing is required.
Issues
| Issue | State's Argument | Giancaterino's Argument | Held |
|---|---|---|---|
| Constitutionality of Reagan Tokes indefinite sentences | Law valid as applied | Reagan Tokes violates jury trial, separation of powers, due process | Overruled under State v. Delvallie; sentences upheld and affirmed |
| Final appealable order — blanket sentencing | (implicit) appeal proceeds | Trial court imposed one blanket sentence for all counts; no separate sentences => no final appealable order | Majority affirmed under Delvallie; dissent (S.C. Gallagher) would dismiss appeal and remand for resentencing |
Key Cases Cited
- State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision controlling constitutional challenge to Reagan Tokes and cited by majority)
- State v. Saxon, 846 N.E.2d 824 (Ohio 2006) (trial courts must impose separate sentences for each offense; blanket sentences invalid)
- State v. Baker, 893 N.E.2d 163 (Ohio 2008) (reaffirming requirement to sentence each count individually)