State v. McNary, 2022 Ohio 1842

Defendant Eric T. McNary pleaded guilty to: burglary (third-degree), felonious assault (second-degree), and a fourth-degree felony; sentencing on Count 2 was refused by the trial court because the judge deemed the Reagan Tokes Law unconstitutional.
The State appealed the trial court’s refusal to sentence under S.B. 201 (the Reagan Tokes Law).
The parties briefed constitutional challenges (jury-trial right, due process, separation of powers, and severability) raised by the trial court.
While the appeal was pending, the Ohio Supreme Court held that constitutional challenges to the Reagan Tokes Law were ripe for review; this court’s later en banc authority in State v. Delvallie controlled the disposition.
Relying on that authority, the appellate majority sustained the State’s assigned error, reversed the trial court, and remanded for resentencing under the Reagan Tokes Law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of sentencing under the Reagan Tokes Law	Law is constitutional; trial court erred in refusing to apply it	Law is unconstitutional; trial court properly declined to apply it	Reversed: trial court erred; remand for resentencing under Reagan Tokes Law
Jury-trial right (whether extended minimum/maximum terms violate jury trial)	No jury-trial violation	Law violates right to jury trial	Court sided with State (no jury-trial violation)
Due process concerns (procedural fairness of post-sentence extensions)	Law satisfies due process	Law violates due process	Court sided with State (no due process violation)
Separation of powers / severability (whether problematic provisions require striking entire law)	Even if some provisions problematic, severance preserves remainder	Whole statute must fall	Court sided with State; severance doctrine does not require wholesale invalidation

State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision controlling the Reagan Tokes constitutional issues and relied on by the court in reversing and remanding)