State v. Savage
2021 Ohio 1549
Ohio Ct. App.2021Background
- Appellant Thomas E. Savage IV entered guilty pleas (an Alford plea) to two counts of involuntary manslaughter (with firearm specifications), two counts of improperly discharging a firearm at or into a habitation (with firearm specifications), and one count of having weapons while under disability.
- The bill of information was filed Feb. 20, 2020; Savage executed an oral waiver of indictment and pleaded guilty on Feb. 21, 2020; the written waiver was filed Feb. 24, 2020.
- At plea hearing the court explained rights, potential penalties, and advised Savage that the Reagan Tokes Act would produce an indefinite sentence; defense expressly objected to Reagan Tokes.
- Sentencing (Mar. 6, 2020) produced consecutive terms totaling a minimum of 48.5 years and a maximum of 53.5 years, including one indefinite term under the Reagan Tokes Act.
- Assignment 1: Savage argued the bill of information was invalid because it was filed before the waiver of indictment. The court held Savage waived nonjurisdictional procedural defects by knowingly pleading guilty after being advised of his rights.
- Assignment 2: Savage challenged the constitutionality of R.C. 2967.271 (Reagan Tokes presumptive-release/rebuttal scheme) as violating jury trial, due process, and separation-of-powers. The court found the challenge not ripe because the Department of Rehabilitation and Correction had not acted to extend any term.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Savage) | Held |
|---|---|---|---|
| Validity of bill of information filed before waiver of indictment | The court complied with Crim.R. 7(A) because defendant was advised in open court of charge and right to indictment before waiving; plea waived procedural defects | Bill invalid because information was filed before the written waiver of prosecution by indictment | Not well-taken — plea waived nonjurisdictional defects; Crim.R.7(A) satisfied by on-the-record advisement |
| Constitutionality of Reagan Tokes presumptive-release/rebuttal (R.C. 2967.271) | Challenge premature; statute's extension mechanism is not implicated until ODRC actually holds hearings and extends a term | Statute permits administrative extension of incarceration beyond minimum term, violating jury trial, due process, and separation of powers | Not well-taken as not ripe for review because defendant has not yet served minimum term or been subject to ODRC extension |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (U.S. Supreme Court) (plea may be accepted even when defendant maintains innocence if plea is voluntary and intelligent)
- State v. Velliquette, 161 N.E.3d 708 (Ohio Supreme Court) (addressing ripeness of Reagan Tokes challenges where administrative extension has not occurred)