2022 Ohio 3212
Ohio Ct. App.2022Background
- Pickaway County indicted Kejuan J. Long on nine counts; Long pleaded guilty to three counts (having weapons while under disability; possession of cocaine with forfeiture; aggravated trafficking with specification) under a plea agreement; six counts were dismissed.
- Trial court sentenced Long to concurrent terms: 12 months, 24 months, and an indeterminate 6–9 years (mandatory minimum six years) on the aggravated‑trafficking count under the Reagan Tokes Act.
- Long appealed, raising three assignments: (1) Reagan Tokes Act is unconstitutional (separation of powers, due process, jury trial); (2) Crim.R. 11 plea‑colloquy defects; (3) trial court failed to satisfy R.C. 2929.19(B)(2)(c) sentencing/ODRC‑rebuttal notice requirements.
- This Court initially held the constitutional challenge not ripe; the Ohio Supreme Court reversed and remanded (In re Cases Held for the Decision in State v. Maddox) instructing this Court to decide the Reagan Tokes constitutionality question.
- On prior review this Court rejected Long’s Crim.R. 11 challenge (no prejudice) but found the sentence contrary to law for failing to provide the required ODRC rebuttal notice and vacated part of the judgment; remanded for further proceedings.
- On remand, the Fourth District addressed the Reagan Tokes challenge and, relying on its decision in Bontrager and other district decisions, upheld the statute against Long’s constitutional claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of Reagan Tokes (R.C. 2967.271(C)(1)) | State: statute is constitutional; ODRC authority is lawful administrative action | Long: statute permits ODRC to extend sentences based on unprosecuted conduct, violating separation of powers, due process, and the jury‑trial right | Overruled Long’s challenge; statute is constitutional (followed Bontrager and other districts) |
| Crim.R. 11 plea colloquy adequacy | State: plea was knowingly and voluntarily entered; any colloquy shortfall not prejudicial | Long: trial court failed to substantially comply with Crim.R. 11(C)(2)(a) when explaining indefinite sentence | Overruled Long; no prejudice shown; plea remains valid |
| Sentencing notice under R.C. 2929.19(B)(2)(c) | State: sentencing lawful | Long: trial court failed to notify at sentencing of ODRC’s ability to rebut presumption (statutory requirement) | Sustained Long’s claim; judgment vacated in part and remanded for compliance |
Key Cases Cited
- State v. Bontrager, 188 N.E.3d 607 (4th Dist. 2022) (upholding Reagan Tokes against separation of powers, due process, and jury‑trial challenges)
- State v. Hacker, 161 N.E.3d 112 (3d Dist. 2020) (concluding Reagan Tokes is constitutional)
- State v. Maddox, 188 N.E.3d 682 (6th Dist. 2022) (addressing Reagan Tokes issues and the ripeness question reviewed by the Ohio Supreme Court)
- State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision upholding Reagan Tokes)