2022 Ohio 813
Ohio Ct. App.2022Background
- Defendant Isiah McCarver pleaded guilty on January 7, 2021 to voluntary manslaughter (first-degree felony), two counts of felonious assault (second-degree felonies), and discharge of a firearm on or near prohibited premises.
- The Reagan Tokes Law (effective March 22, 2019) requires indefinite prison terms for certain offenses; under that scheme the trial court should have imposed indefinite terms for McCarver’s convictions.
- At sentencing the trial court concluded the Reagan Tokes Law was unconstitutional and instead imposed definite terms totaling an aggregate 10-year prison sentence.
- The state filed a timely appeal under R.C. 2953.08(B)(2), arguing the trial court’s definite sentence was contrary to law.
- The Eighth District, relying on its en banc decision in State v. Delvallie (which upheld the Reagan Tokes Law), held the trial court erred, reversed the judgment, and remanded for resentencing consistent with the Reagan Tokes Law.
- The appellate judgment taxed costs to McCarver; Judge Laster Mays noted she was constrained to follow Delvallie and provided her separate views in that decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by declaring the Reagan Tokes Law unconstitutional and imposing definite sentences instead of the indefinite terms required by the statute | State: The trial court’s definite sentence is contrary to law; the Reagan Tokes Law is constitutional and required indefinite sentencing | McCarver: Reagan Tokes violates the right to jury trial, due process, and separation of powers | Court: Reversed — trial court erred; under the court’s en banc precedent the Reagan Tokes Law is constitutional and the case is remanded for resentencing under that law |
Key Cases Cited
- State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (both state and defendant have an appeal as of right if a sentence is contrary to law)