2022 Ohio 4514
Ohio Ct. App.2022Background
- Defendant Linell Lovelace pleaded guilty to second-degree felony endangering children and several misdemeanors.
- Under the Reagan Tokes Law (S.B. 201), the trial court was required to impose an indefinite sentence for his second-degree felony.
- At sentencing the trial court concluded S.B. 201 was unconstitutional and, over the state's objection, imposed a definite two-year term for the felony; the journal entry echoed that ruling.
- The state appealed under R.C. 2953.08(B)(2), arguing the sentence was contrary to law because the court failed to impose the mandatory indefinite term.
- This court had previously, en banc, held in State v. Delvallie that the Reagan Tokes Law is constitutional.
- Because the trial court did not impose the indefinite term required by statute and was bound by Delvallie, the appellate court reversed and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of Reagan Tokes (S.B. 201) | Law is constitutional and binding | Law is unconstitutional; trial court may refuse to apply it | Court is bound by State v. Delvallie and treats S.B. 201 as constitutional |
| Whether imposing a definite term was contrary to law | Trial court plainly erred by not imposing the mandatory indefinite sentence | Trial court declined to apply the law as unconstitutional and imposed a definite term | Sentence was contrary to law; reversed and remanded for resentencing under Reagan Tokes |
Key Cases Cited
- State v. Delvallie, 185 N.E.3d 538 (8th Dist. 2022) (en banc) (held the Reagan Tokes Law constitutional)
- State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (a sentence that fails to impose a mandatory statutory provision is contrary to law)