State v. Perry
2021 Ohio 1748
Ohio Ct. App.2021Background
- Appellant Keith B. Perry was indicted on 11 counts (kidnapping and multiple counts of pandering sexually‑oriented matter involving minors/impaired persons) and, after amendment, pled guilty to all counts on December 27, 2019.
- At plea, the trial court advised Perry that sentencing would follow S.B. 201 (the Reagan Tokes Law); defense counsel objected to the statute’s constitutionality on separation‑of‑powers and due‑process grounds, and the court overruled the objection.
- The trial court imposed an indefinite prison term: a minimum of 28 years and a maximum of 32 years under Count 1, and consecutive 24‑month terms on Counts 2–11.
- Perry appealed solely challenging the Reagan Tokes Law’s constitutionality, arguing the Department of Rehabilitation and Corrections (DRC) may unlawfully extend his incarceration beyond the judicially imposed minimum.
- The Sixth District declined to reach the merits, holding the constitutional challenge was not ripe because Perry had not yet served his minimum term and the DRC had not acted to extend his incarceration.
- The court affirmed the trial court’s judgment and ordered Perry to pay appeal costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Reagan Tokes Law (S.B. 201) is unconstitutional because it allows the executive (DRC) to extend incarceration beyond a judicial minimum, violating separation of powers and due process | Perry: statute permits administrative extension of incarceration up to the statutory maximum without continued judicial role, violating separation of powers and Fourteenth Amendment due process | State: Perry’s challenge is not ripe; he has not yet served the minimum term nor faced any DRC extension and any extension may never occur | Court: Not ripe for review; appeal dismissed on that ground and judgment affirmed |
Key Cases Cited
- State v. Maddox, 159 N.E.3d 1150 (Ohio 2020) (Ohio Supreme Court decision addressing challenges to the Reagan Tokes Law)
- State v. Velliquette, 160 N.E.3d 414 (6th Dist. 2020) (Sixth District ruling concerning ripeness of pre‑enforcement challenge to Reagan Tokes)
- State v. Velliquette, 161 N.E.3d 708 (Ohio 2021) (Ohio Supreme Court action referenced regarding appellate consideration of Reagan Tokes challenges)