State v. Keith, 2021 Ohio 518

Defendant Michael Keith pleaded guilty to felonious assault (second-degree felony) and misdemeanor domestic violence; the counts were merged and the State elected to sentence on the felony.
Under the plea, Keith received an agreed minimum term of two years incarceration.
The trial court refused to impose the Reagan Tokes Act (RTA) indeterminate sentence (minimum plus a statutorily-calculated maximum), declared the RTA unconstitutional under separation-of-powers, and imposed a definite two-year term.
The State appealed, arguing the RTA (R.C. 2929.14, 2929.144, and 2967.271) requires an indeterminate sentence (min plus max = min + 50%) for qualifying first- and second-degree felonies and is constitutional.
Keith argued the RTA is unconstitutional because it allows the Ohio Department of Rehabilitation and Correction (ODRC) to hold an offender beyond the minimum after administrative hearings, improperly allocating sentencing power to the executive and violating due process.
The appellate court reversed the trial court’s sentencing ruling and remanded solely for resentencing under the Reagan Tokes Act, relying on prior district decisions upholding the RTA and on Hernandez v. Kelly for the separation-of-powers framework.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Reagan Tokes Act violates the separation of powers or is otherwise unconstitutional	RTA is constitutional; it preserves judicial sentencing authority and lawfully authorizes ODRC hearings to determine whether to hold an offender past the minimum	RTA unlawfully delegates sentencing power to ODRC by permitting administrative extensions beyond the court-imposed minimum	Court held RTA does not violate separation of powers or procedural due process and is constitutional (affirming prior district precedent)
Whether the trial court erred by imposing a determinate two-year sentence rather than the RTA indeterminate sentence	Trial court’s imposition of a determinate two-year term was contrary to law for qualifying second-degree felony; R.C. 2929.144 required a maximum term equal to the minimum plus 50%	Trial court properly imposed the agreed two-year term and declined to impose an indeterminate sentence because it found RTA unconstitutional	Court reversed the trial court’s sentence and remanded for resentencing under the RTA (minimum 2 years; maximum 3 years)

Hernandez v. Kelly, 844 N.E.2d 301 (Ohio 2006) (when sanctioning power is delegated to the executive, no separation-of-powers problem exists if the court originally imposes the sanction and includes it in the sentence)