State v. Haynes
2024 Ohio 3190
Ohio Ct. App.2024Background
- Zakry Haynes pled guilty to felonious assault (with a firearm specification), improper discharge of a firearm into habitation, and having weapons while under disability.
- The offenses were nonallied, and both parties agreed to a recommended sentence of five to seven years; other charges were dismissed.
- At sentencing, the trial court referenced Haynes' significant criminal history and classified him as a high risk for reoffending.
- Haynes was sentenced to a total of seven years, with sentences on the new offenses to run concurrently but consecutively to sentences in two prior cases from other counties.
- The trial court failed to make the required statutory findings on the record or in its journal entry before imposing consecutive sentences under R.C. 2929.14(C)(4).
- Haynes appealed the imposition of consecutive sentences and the constitutionality of the Reagan Tokes Law, which governs indefinite sentencing for certain felonies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consecutive Sentencing under R.C. 2929.14(C)(4) | No explicit argument; state was appellee | Court erred by not making required statutory findings for consecutive sentencing | Court agreed with Haynes; vacated consecutive sentencing and remanded for proper findings |
| Constitutionality of Reagan Tokes Law | Reagan Tokes is constitutional | Law is unconstitutional, violating jury trial rights, separation of powers, and due process | Court found existing precedent upholds the law as constitutional; overruled Haynes’ argument |
Key Cases Cited
- State v. Bonnell, 2014-Ohio-3177 (sentencing court must make and incorporate statutory findings for consecutive sentences)
- State v. Philpot, 2020-Ohio-104 (imposing consecutive sentences without required findings is contrary to law)
- State v. Hacker, 2023-Ohio-2535 (Reagan Tokes Law is constitutional regarding indefinite sentencing)