State v. Johnson
2022 Ohio 2136
Ohio Ct. App.2022Background
- August 2020: Johnson indicted on seven counts arising from a DUI crash, including aggravated vehicular homicide and aggravated vehicular assault; some counts included a specification that his license was suspended.
- August 9, 2021: Johnson pleaded guilty to Count 1 (aggravated vehicular homicide, 1st degree), Count 5 (aggravated vehicular assault, 2nd degree), and Count 7 (DUI, 1st-degree misdemeanor); remaining counts were dismissed.
- September 29, 2021: Trial court imposed Reagan Tokes indefinite sentences — 10–15 years (Count 1), 5–7.5 years (Count 5), and 6 months (Count 7); Counts 1 and 5 were ordered consecutive, yielding a 15–20 year aggregate term.
- Johnson appealed, arguing R.C. 2967.271 (Reagan Tokes Law) is unconstitutional (separation of powers, due process) and void for vagueness.
- Johnson did not object to the statute’s constitutionality at sentencing; he requested plain-error review on appeal but failed to develop an argument showing plain error.
- The court relied on its en banc decision in Delvallie upholding Reagan Tokes and prior panel rulings finding vagueness arguments waived when not raised below, and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality under separation of powers | State: Reagan Tokes is constitutional and properly applied | Johnson: R.C. 2967.271 violates separation of powers | Court: Held constitutional (relied on Delvallie); claim forfeited absent trial-court objection |
| Due process / jury trial rights | State: No due-process or jury-trial violation | Johnson: Indefinite sentence violates due process and jury-trial rights | Court: Held no due-process or jury-trial violation; claim forfeited when not raised below |
| Vagueness of statute | State: Statute is sufficiently clear | Johnson: R.C. 2967.271 is void for vagueness | Court: Vagueness claim waived because not raised in trial court; affirmed (citing Parker precedent) |
| Procedural default / plain-error review | State: Issues waived for appeal because not raised below | Johnson: Invites plain-error review on appeal | Court: Declined to address merits—appellant failed to show/plainly argue plain error, so claims not considered |
Key Cases Cited
- State v. Buttery, 164 N.E.3d 294 (Ohio 2020) (constitutional objections must generally be raised in the trial court)
- State v. Quarterman, 19 N.E.3d 900 (Ohio 2014) (plain-error review standard in criminal appeals)
- State v. Awan, 489 N.E.2d 277 (Ohio 1986) (failure to raise constitutional challenge at trial waives the issue on appeal)
- State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision upholding the Reagan Tokes Law against separation-of-powers, jury-trial, and due-process challenges)