State v. Reed, 2022 Ohio 818

Robert Reed pleaded guilty to two counts of rape and one count of disrupting public service, with a one‑year gun specification attached to one rape count.
Trial court imposed: Count 1 — 11 years plus 1 year for the gun specification; Count 2 — 11 years; Count 6 — 18 months; sentences to run concurrently except the 1‑year gun specification, which runs prior to and consecutively, producing an aggregate Reagan Tokes indefinite term of 12 to 17.5 years.
Reed appealed, arguing the Reagan Tokes Law is unconstitutional under the U.S. and Ohio Constitutions (separation of powers and due process violations).
The Eighth District rejected Reed’s arguments, noting the court’s recent en banc decision in State v. Delvallie overruled these constitutional challenges and controlling precedent foreclosed Reed’s assignment of error.
The court affirmed the judgment, taxed costs to appellant, and noted that Reed raised no challenge to the formal validity of the imposed sentence under State v. Harper and State v. Henderson.
Judge Eileen T. Gallagher concurred in the judgment but previously joined a dissent in Delvallie arguing that certain provisions of R.C. 2967.271 are unconstitutional.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Reagan Tokes violates separation of powers	State: statute is constitutional and properly applied	Reed: law permits executive modification of judicial sentence, violating separation of powers	Court: Overruled; separation‑of‑powers challenge rejected under Delvallie precedent
Whether Reagan Tokes violates due process	State: procedures satisfy due process	Reed: post‑release supervision process denies due process (indeterminate extension)	Court: Overruled; due process challenge rejected under Delvallie precedent

State v. Harper, 160 Ohio St.3d 480, 159 N.E.3d 248 (Ohio 2020) (holding certain challenges to sentence validity are beyond scope of a direct appeal)
State v. Henderson, 161 Ohio St.3d 285, 162 N.E.3d 776 (Ohio 2020) (same)