State v. Stevens, 2022 Ohio 3781

On Oct. 2, 2020, Sam R. Stevens, Jr. drove erratically, crashed into another vehicle, refused police commands, was tased, then fired five rounds at two peace officers (one round struck an officer's ballistic vest); no officers were seriously injured.
Stevens sustained severe injuries from the crash (required surgery, lost part of a leg, intestinal damage) and has diagnoses of bipolar disorder, schizophrenia, paranoia, and reported alcoholism following his wife’s death.
A 14‑count indictment followed; Stevens pleaded guilty as part of a plea deal to five counts including two counts of attempted murder with multiple firearm specifications, resisting arrest with specs, improper handling of a firearm in a motor vehicle, and failure to comply.
At sentencing the court imposed maximum and consecutive terms (aggregate minimum 49 years, maximum 54.5 years), including Reagan Tokes indefinite sentence components; court stated it considered R.C. 2929.11 and 2929.12.
Stevens appealed, arguing (1) the trial court failed to properly consider mitigating factors (mental illness) when imposing maximum sentences; (2) consecutive sentences were unsupported by the record; and (3) multiple constitutional challenges to the Reagan Tokes Law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by imposing maximum sentences under R.C. 2929.12	State: sentencing court fulfilled statutory duty by stating it considered R.C. 2929.11/2929.12 factors	Stevens: court ignored/discounted mitigating factors (mental illness, alcoholism) under R.C. 2929.12(C)(4)	Affirmed — court stated it considered the required factors; appellate court cannot reweigh under R.C. 2953.08(G)(2) per State v. Jones
Whether consecutive sentences under R.C. 2929.14(C)(4) are supported by the record	State: court made required statutory findings and record (prior firearm offenses, danger to public, harm/unusualness, officer trauma) supports them	Stevens: record insufficient to support consecutive terms	Affirmed — findings were made on the record and evidence supported necessity, disproportionality, course-of-conduct and criminal-history findings (Bonnell standard applied)
Whether Reagan Tokes Law is constitutional (ripeness; void for vagueness; separation of powers; jury trial; due process)	State: law is constitutional and applicable	Stevens: raised multiple constitutional challenges to Reagan Tokes	Affirmed — challenges overruled as not novel and inconsistent with this district’s recent precedent; court followed binding authorities and prior decisions

State v. Jones, 169 N.E.3d 649 (holds appellate courts may not review R.C. 2929.12(C)(4) mitigation weighing under R.C. 2953.08(G)(2))
State v. Bonnell, 16 N.E.3d 659 (trial court must make R.C. 2929.14(C)(4) findings on the record; reasons need not be detailed but the record must support the findings)