2022 Ohio 1230
Ohio Ct. App.2022Background
- Hector Riemer was indicted on aggravated burglary (1st), felonious assault (2nd), and carrying a concealed weapon (4th); parties reached a plea deal.
- Riemer pleaded guilty to amended counts: burglary (3rd) and felonious assault with a one-year firearm specification; the remaining count was nolled.
- Trial court imposed a definite 36 months on Count 1 and an indefinite sentence on Count 2: 1 year (firearm) consecutive to a minimum of 3 years and maximum of 4.5 years, yielding an aggregate indefinite term of 4 to 5.5 years under the Reagan Tokes Law.
- Defense counsel objected at sentencing, arguing the Reagan Tokes Law is unconstitutional; the trial court stated it believed the law unconstitutional but imposed the indefinite sentence anyway.
- Riemer appealed, raising two assignments: (1) Reagan Tokes is unconstitutional (jury-trial, separation-of-powers, due process challenges); (2) ineffective assistance of counsel if the claim was not preserved.
- The Eighth District, relying on its en banc decision in State v. Delvallie, overruled Riemer’s challenges and affirmed the sentence; it also rejected the ineffective-assistance claim because the constitutional objection was preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of Reagan Tokes Law | State maintained the statute is constitutional and may be applied to impose indefinite sentences | Riemer argued Reagan Tokes violates the right to jury trial, separation of powers, and due process | Court rejected challenges; followed Delvallie and upheld Tokes application |
| Ineffective assistance of counsel | State argued no deficient performance because the constitutional issue was preserved and litigated | Riemer argued counsel was ineffective if proper objections or arguments were not made below | Court found issue was preserved; Strickland not met; claim overruled |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- State v. Harper, 159 N.E.3d 248 (Ohio 2020) (limits on scope of direct appeal regarding sentence validity)
- State v. Henderson, 162 N.E.3d 776 (Ohio 2020) (clarifies appeals of sentencing issues)