State v. Pope
2022 Ohio 426
Ohio Ct. App.2022Background
- Butler County grand jury indicted Zachary Pope for felonious assault and theft; Pope pleaded guilty to felonious assault and theft was dismissed.
- Trial court imposed an indefinite Reagan Tokes sentence: minimum 3 years, maximum 4.5 years.
- At sentencing the court advised Pope of a presumption of release at the minimum term rebuttable by the Ohio Department of Rehabilitation and Corrections (DRC), and that release could be denied up to the maximum term.
- Pope appealed, asserting (1) the indefinite sentence under the Reagan Tokes Law is unconstitutional and (2) the sentence was contrary to law because the court failed to give statutorily required R.C. 2929.19(B)(2)(c) notifications.
- The court found Pope forfeited his constitutional challenge by not raising it in the trial court, but found the sentencing advisement did not include all five required R.C. 2929.19(B)(2)(c) notifications (e.g., the DRC hearing requirement, the specific required DRC determinations, and that DRC may extend confinement more than once).
- Remedy: the court reversed and remanded solely to permit the trial court to provide the missing statutory notifications; the conviction and the remainder of the sentence stand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pope's constitutional challenge to the Reagan Tokes Law (R.C. 2967.271) is reviewable | State: challenge was not preserved because it was not raised in the trial court | Pope: indefinite sentence violates due process under Ohio and U.S. Constitutions | Forfeited—Pope failed to raise it in trial court; assignment overruled |
| Whether the sentence violated R.C. 2929.19(B)(2)(c) by failing to provide mandatory notifications at sentencing | State: (implicitly) sentencing advisement was adequate | Pope: court failed to notify him of the DRC hearing requirement, the specific determinations DRC must make to rebut the presumption, and that DRC may extend confinement more than once | Court reversed and remanded for the limited purpose of providing the full R.C. 2929.19(B)(2)(c) notifications; conviction and sentence otherwise unaffected |
Key Cases Cited
- State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (constitutional challenges generally must be raised at the first opportunity in the trial court)
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (appellate review of felony sentences under R.C. 2953.08(G)(2) limited to specified statutory errors or sentences contrary to law)