State v. Whetstone
2022 Ohio 800
| Ohio Ct. App. | 2022Background
- Travon Whetstone pleaded guilty (March 3, 2020) to robbery counts and a three‑year firearm specification as part of a multi‑count indictment arising from November 29, 2019 offenses.
- At plea colloquy the trial court advised Whetstone he was subject to the Reagan Tokes Law (indefinite sentencing scheme).
- At sentencing (March 25, 2020) the trial court found the Reagan Tokes Law unconstitutional (adopting reasoning from State v. Oneal) and imposed an aggregate five‑year sentence without the Reagan Tokes indefinite term; the court declined to sentence on allied grand theft.
- The State appealed, arguing the trial court erred by finding the Reagan Tokes Law unconstitutional and by failing to impose the mandatory indefinite sentence; a sentence that omits a mandatory provision is contrary to law and appealable by the State.
- This court, relying on its en banc decision in Delvallie (which rejected the trial court’s constitutional arguments), held the trial court’s sentence was contrary to law for failing to apply Reagan Tokes, reversed, and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of the Reagan Tokes Law (R.C. 2967.271) | Law is constitutional and applicable; trial court should apply it | Law is unconstitutional (violates separation of powers and procedural due process) | Court rejected trial court’s constitutional ruling (Delvallie controlling); Reagan Tokes applies |
| Whether omission of Reagan Tokes indefinite term makes sentence contrary to law | Yes — mandatory statutory provision omitted; State may appeal under R.C. 2953.08(B)(2) | Trial court believed it could decline to apply Reagan Tokes | Court: omission rendered the sentence contrary to law; sustain State’s assignment; reverse and remand |
| State’s right to appeal the sentence | State has statutory right to appeal a sentence that is contrary to law | (Implicit) Trial court’s discretion precludes reversal | Court accepted State’s appeal under R.C. 2953.08(B)(2) |
| Remedy required | Resentencing consistent with Reagan Tokes | Maintain imposed 5‑year fixed term | Court reversed and remanded for resentencing under Reagan Tokes |
Key Cases Cited
- State v. Underwood, 124 Ohio St.3d 365, 922 N.E.2d 923 (Ohio 2010) (a sentence that fails to include a mandatory statutory provision is contrary to law and is appealable)