2022 Ohio 695
Ohio Ct. App.2022Background
- Defendant Mario Gopar was charged in a 17-count indictment for multiple sexual offenses against a child born in 2009, occurring between 2017 and July 2020.
- Plea agreement: Gopar pled guilty to amended Counts 2 and 14 (sexual battery, second-degree felonies) and three counts of gross sexual imposition; remaining counts were nolled.
- The trial court informed Gopar that the Reagan Tokes Law applied to Count 14 (offense window included dates after Reagan Tokes took effect) but not Count 2 (offense predated the law).
- The court imposed an indefinite sentence: minimum 5 years, maximum 7.5 years aggregate.
- Gopar appealed, arguing the Reagan Tokes Law is unconstitutional and asking this court to follow prior Eighth District panel decisions that had struck down aspects of the law.
- The court, relying on its recent en banc decision in Delvallie, rejected the constitutional challenge and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Reagan Tokes Law is constitutional as applied to Count 14 | State: Reagan Tokes is constitutional and properly applied to offenses within its effective date | Gopar: Reagan Tokes is unconstitutional; court should adopt prior panel holdings (Delvallie, Seeley, Daniel) invalidating aspects of the law | Court: Overruled challenge; upheld Reagan Tokes application per the court's en banc Delvallie decision and affirmed sentence |
Key Cases Cited
- State v. Delvallie, 173 N.E.3d 544 (8th Dist. 2021) (panel decision addressing Reagan Tokes' constitutionality; referenced by defendant and later vacated by the court en banc)
- State v. Seeley, 173 N.E.3d 894 (8th Dist. 2021) (panel decision addressing Reagan Tokes' constitutionality; referenced by defendant and later vacated)
- State v. Daniel, 173 N.E.3d 184 (8th Dist. 2021) (panel decision addressing Reagan Tokes' constitutionality; referenced by defendant and later vacated)