State v. Harper, 2022 Ohio 3329

Defendant Verlondo R. Harper convicted of rape (1st deg.), abduction (3rd deg.), and assault (1st deg. misdemeanor).
Trial court sentenced under the Reagan Tokes Law to an indefinite term (minimum 5 years, maximum 7.5 years) and stated the court believed the law to be unconstitutional but applied it nonetheless.
Trial court awarded 687 days of jail-time credit in the sentencing entry for time spent in custody prior to sentence.
Harper appealed, raising (1) constitutional challenges to the Reagan Tokes Law and (2) that the trial court miscalculated pre-sentence jail-time credit (claiming 716 days).
The State conceded Harper was owed more credit; the appellate court recalculated the correct credit as 714 days (sentencing hearing Dec. 13, 2021 is the relevant end date) and remanded for a nunc pro tunc correction to the judgment entry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sentencing under the Reagan Tokes Law is constitutional	State: law is constitutional and may be applied	Harper: law violates separation of powers, right to jury trial, and due process	Court: rejected Harper's challenge; followed this district's en banc Delvallie decision and overruled the assignment of error
Whether trial court properly calculated jail-time credit	State: conceded error and agreed additional credit was owed	Harper: trial court awarded 687 days but he was entitled to 716 days (arrest Dec. 31, 2019 to entry date)	Court: plain error; awarded 714 days (using sentencing hearing date Dec. 13, 2021), remanded for nunc pro tunc correction

Delvallie v. State, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision rejecting constitutional challenges to the Reagan Tokes Law)
Santamaria v. State, 22 N.E.3d 288 (9th Dist. 2014) (trial court must calculate and notify defendant of jail-time credit at sentencing)
State ex rel. Rankin v. Ohio Adult Parole Auth., 786 N.E.2d 1286 (Ohio 2003) (trial judge has duty to determine jail-time credit)