2022 Ohio 3331
Ohio Ct. App.2022Background
- Defendant Anthony Knox pleaded guilty to robbery and felonious assault, both second-degree felonies.
- The trial court refused to sentence Knox under S.B. 201 (the Reagan Tokes Law), concluding the law was unconstitutional and instead imposed concurrent two-year terms.
- The state appealed as of right, arguing the trial court plainly erred by declining to impose an indefinite sentence under Reagan Tokes.
- This court is bound by its en banc decision in State v. Delvallie, which upheld the constitutionality of the Reagan Tokes Law.
- The appellate panel reversed and remanded for resentencing under Reagan Tokes, finding the trial court erred in refusing to apply the statute.
- Concurring/dissenting notes: the panel judges observed they were constrained to follow Delvallie, and some judges would have held the statute unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to sentence under the Reagan Tokes Law on the ground the law is unconstitutional | State: Trial court plainly erred; appellate courts are bound by Delvallie to apply Reagan Tokes | Knox: Delvallie was wrongly decided; the law is unconstitutional | Reversed: Court held it must follow Delvallie and remanded for resentencing under Reagan Tokes |
Key Cases Cited
- State v. Delvallie, 185 N.E.3d 356 (8th Dist. 2022) (en banc decision upholding the Reagan Tokes Law)