State v. Kimes, 2022 Ohio 2759

David W. Kimes was indicted on multiple counts of illegal use of a minor in nudity-oriented material and pandering sexually oriented matter involving minors; many images involved children aged 2–17 and some victims were family members.
Google identified child sexual images tied to Kimes’s account; police traced the images to a phone registered to him; many images were created/retained while he was on bond in a prior 2019 case.
Pursuant to a plea agreement Kimes pled guilty to nine counts; the parties agreed to recommend an indefinite prison term and to run this sentence consecutive to earlier 2019 sentences.
At sentencing the State emphasized the ages of victims, familial access, recidivism, and Kimes’s extensive criminal history; defense stressed images were stored privately, not shared, and raised mental-health/substance issues.
The court imposed Reagan Tokes indefinite terms: 8–12 years on each second-degree count (imposed consecutively for an aggregate 24–28 years) and 12 months on each fifth-degree count (concurrent), making required statutory findings for consecutive terms in both the hearing and entry.
Kimes appealed, arguing (1) the record did not support consecutive sentences and (2) the Reagan Tokes Act is unconstitutional; the Fifth District affirmed both rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consecutive sentences under R.C. 2929.14(C)(4) were supported by the record	Consecutive terms were necessary to protect the public and to punish; factors include offenses while on bond, course-of-conduct harm, and extensive criminal history	Single term adequate because images were private and not distributed; defendant poses more danger to himself and needs psychiatric/substance treatment	Affirmed — trial court made the required findings at hearing and in the entry and the record supports consecutive sentences
Whether the Reagan Tokes Act is unconstitutional (jury trial, due process, separation of powers)	State defended the statute as constitutional and noted other appellate districts upheld it	Kimes argued the Act violates the grand jury guarantee, separation of powers, and due process/jury-trial rights	Rejected — court held Reagan Tokes constitutional and overruled the challenge, adopting this court’s prior dissent in State v. Wolfe and noting other districts’ affirmances

State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must state required consecutive-sentence findings at the sentencing hearing and incorporate them in the entry; exact statutory language not required)