2023 Ohio 310
Ohio Ct. App.2023Background
- Defendant Vondel T. Murray was indicted on multiple felonious-assault counts arising from a shooting of two people; several firearm specifications were included.
- Murray pleaded guilty to amended Count 1 (felonious assault, R.C. 2903.11(A)(1)) with a one-year firearm specification and amended Count 2 (felonious assault); other counts were nolled.
- At sentencing the court imposed: a one-year firearm specification to be served prior to and consecutive to a five-year term on Count 1, and a concurrent five-year term on Count 2; under the Reagan Tokes Law the court announced a maximum of 7.5 years on Count 1, plus postrelease control.
- Murray appealed, arguing the Reagan Tokes Law (S.B. 201) is unconstitutional — violating the right to a jury trial, the separation of powers, and due process — and therefore his indefinite sentence was invalid.
- The court, following its en banc decision in State v. Delvallie, held the Reagan Tokes Law constitutional and affirmed the sentence.
- The court identified a clerical error in the journal entry (it improperly included the one-year firearm specification in the stated minimum and maximum terms) and remanded for a nunc pro tunc correction to reflect a five-year minimum and a 7.5-year maximum on Count 1 (excluding the firearm spec).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of the Reagan Tokes Law (S.B. 201) | State: statute is constitutional and authorizes indeterminate maximum terms for qualifying felonies | Murray: Reagan Tokes violates jury-trial rights, separation of powers, and due process | Court: follows en banc Delvallie and holds the Reagan Tokes Law constitutional; assignment of error overruled |
| Clerical error in sentencing journal entry | State acknowledged the sentencing entry misstated min/max terms and should be corrected | Murray sought relief from the erroneous sentencing entry (appeal raised the sentencing issue) | Court: entry contains clerical mistakes; remanded for nunc pro tunc correction to show five-year minimum and 7.5-year maximum on Count 1 (firearm spec excluded) |
Key Cases Cited
- State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc decision upholding constitutionality of Reagan Tokes Law)
- State ex rel. Cruzado v. Zaleski, 856 N.E.2d 263 (Ohio 2006) (authorizes trial courts to correct clerical errors in judgments)
- Dentsply Int’l, Inc. v. Kostas, 498 N.E.2d 1079 (Ohio App. 1986) (defines clerical mistakes as mechanical and apparent on the record)
- State v. Brown, 737 N.E.2d 1057 (Ohio App. 2000) (distinguishes clerical errors from judicial decisions for correction under Crim.R. 36)