State v. McGlothin, 2022 Ohio 940

Aug. 17, 2019: McGlothin forced entry into victim Tonia Allen’s home, shot John Dorsey in the groin, and struck Allen; multiple charges followed.
Grand jury indicted McGlothin on attempted murder, multiple felonious assaults, aggravated burglary counts, weapons-under-disability, and related specifications.
July 1, 2020: Plea agreement — McGlothin pleaded guilty to felonious assault (R.C. 2903.11(A)(2)) and having weapons while under disability (R.C. 2923.13(A)(2)); remaining counts dismissed; court advised him about the Reagan Tokes Law.
July 22, 2020: Sentenced to 1 year on the firearm specification (to be served prior to and consecutive to the felony term), 6–9 years on felonious assault (Reagan Tokes indeterminate term), and 36 months on the weapons-under-disability count to run concurrently; fines and court costs waived.
McGlothin appealed, arguing (1) the record did not support the length of the individual sentences (failure to adequately apply R.C. 2929.11/2929.12) and (2) the Reagan Tokes Law is unconstitutional. The court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence is contrary to law because the trial court failed to adequately consider R.C. 2929.11/2929.12	State: Court complied with sentencing requirements; R.C. 2929.11/2929.12 do not require specific factual findings or a written explanation; appellate review limited by R.C. 2953.08.	McGlothin: Trial court failed to explain why sentences were necessary and minimum to protect public; record does not support sentence lengths.	Overruled. Court held no requirement to make findings under R.C. 2929.11/2929.12 and R.C. 2953.08 limits appellate relief.
Whether Reagan Tokes Law (S.B. 201) is unconstitutional (separation of powers, due process, jury trial)	State: Reagan Tokes is constitutional; sentencing under it was proper (court follows controlling precedent).	McGlothin: Reagan Tokes violates separation of powers, due process, and right to jury trial.	Overruled. Court applied its en banc decision in Delvallie and found Reagan Tokes constitutional for purposes of this case.

State v. Jones, 169 N.E.3d 649 (Ohio 2020) (explains R.C. 2953.08(G)(2)(a) limits appellate courts to modifying/vacating sentences only when the record fails to support specified statutory findings.)