State v. Reed
2021 Ohio 1623
Ohio Ct. App.2021Background
- Reed used his girlfriend’s employee badge to enter a Honda plant at least 23 times in Sept. 2019 and stole pneumatic/air-impact tools; six recovered from his grandmother’s home in a bag labeled with his name.
- Indictment: three counts of second-degree burglary, one count of third-degree identity fraud; later consolidated with a fourth-degree grand theft count.
- Reed pleaded guilty to all five counts; PSI and restitution report (Honda sought $38,274.74) were prepared.
- At sentencing the court imposed concurrent indefinite terms of 6–9 years on each burglary count, plus consecutive 30 months (identity fraud) and 18 months (grand theft), for an aggregate 10–13 years.
- On appeal Reed argued (1) the trial court failed to properly consider R.C. 2929.11/2929.12 sentencing purposes and factors and (2) burglary is not a “qualifying felony” under the Reagan Tokes Act so indefinite terms were unauthorized.
- The appellate court affirmed, finding the court considered the required statutory factors and that Reagan Tokes applies to all first- and second-degree felonies committed on/after March 22, 2019.
Issues
| Issue | State's Argument | Reed's Argument | Held |
|---|---|---|---|
| Whether trial court failed to consider R.C. 2929.11/2929.12 and therefore imposed an unlawful/excessive sentence | Trial court considered statutory purposes/factors and sentenced within statutory ranges; sentence appropriate given criminal history and offense impact | Court ignored rehabilitation/minimum sanctions, overemphasized punishment; sentence excessive given addiction and nonviolent nature | Affirmed. Court reviewed record and found trial court considered R.C. 2929.11/2929.12; under Jones appellate courts may not reweigh those factors absent another statutory basis for reversal |
| Whether burglary (R.C. 2911.12) is excluded from Reagan Tokes so indefinite terms are unauthorized | Reagan Tokes (R.C. 2929.144 & amended R.C. 2929.14) makes qualifying felonies any first- or second-degree felony committed on/after Mar. 22, 2019; burglary here is qualifying | Relying on R.C. 2901.011’s list, Reed argued burglary was omitted and thus not subject to indefinite sentencing | Affirmed. Court held R.C. 2929.144 defines qualifying felonies by degree and date; burglary committed after effective date is subject to Reagan Tokes |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (articulates definition of clear-and-convincing evidence and standard under R.C. 2953.08(G)(2))
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (defines clear-and-convincing evidence standard)
- State v. Mathis, 109 Ohio St.3d 54 (Ohio 2006) (trial court must consider R.C. 2929.11 and 2929.12 when exercising sentencing discretion)