2022 Ohio 2981
Ohio Ct. App.2022Background
- May 2021: Printke indicted for felonious assault (2nd deg.) and three kidnapping counts arising from an incident at his Toledo residence.
- Printke pleaded guilty to felonious assault and to an amended count of abduction (3rd deg.).
- At sentencing the court imposed an indefinite term of 7 years to 10½ years for felonious assault and a consecutive 24-month term for abduction, announcing a total minimum of 9 years.
- Printke appealed, arguing the Reagan Tokes Act (R.C. 2967.271) is unconstitutional (separation of powers and due process). The State cross-appealed, arguing the trial court miscalculated and failed to state the correct combined minimum/maximum consecutive terms under R.C. 2929.144(B)(2).
- The court upheld the facial constitutionality of the Reagan Tokes scheme (following this district’s prior reasoning) but agreed with the State that the sentencing entry failed to properly calculate and state the total minimum and maximum consecutive terms; the sentence was vacated and remanded for resentencing.
Issues
| Issue | State's Argument | Printke's Argument | Held |
|---|---|---|---|
| Whether the Reagan Tokes indefinite-sentence scheme (R.C. 2967.271) is facially unconstitutional (separation of powers / due process) | Reagan Tokes is constitutional; ODRC’s extension authority is analogous to parole/postrelease procedures | Reagan Tokes lets ODRC extend prison beyond court-imposed minimums, violating separation of powers and due process | Rejected — court held the scheme is not facially unconstitutional (following State v. Stenson and related district precedent) |
| Whether the trial court properly calculated and stated the total minimum and maximum consecutive terms under R.C. 2929.144(B)(2) | The sentencing entry failed to compute and state the combined minimum and maximum as required; error warrants vacatur and resentencing | (No successful defense); the court announced minimums but did not properly calculate/set forth combined min/max | Agreed with State — sentence contrary to law; judgment vacated and remanded for resentencing to correctly state total minimum and maximum |
Key Cases Cited
- State v. Stenson, 190 N.E.3d 1240 (Ohio Ct. App.) (upheld constitutionality of Reagan Tokes scheme and discussed due process liberty interest and ODRC review authority)