State v. White, 2021 Ohio 2441

Kenneth M. White, Jr. was indicted on multiple counts arising from a drug-related overdose death and related offenses; Counts 14 and 16 were first-degree felonies with juvenile, schoolyard, forfeiture, and one-year firearm specifications.
In July 2020 White entered a plea agreement: he pled guilty to specified counts (including Counts 14 and 16) and the parties stipulated to an agreed minimum sentencing range (initially described as 6–12 years as part of plea discussions).
The prosecutor and trial court advised White that the Reagan Tokes Law applied to Counts 14 and 16; defense counsel confirmed the plea terms and White acknowledged understanding, including that the one-year firearm specifications would be imposed consecutively.
At sentencing the court confirmed Reagan Tokes applied, imposed one year on each firearm specification (to be served prior and consecutively) and imposed a minimum term of 10 years and maximum of 15 years on Count 14; other counts were concurrent, yielding a total 12–17 year sentence.
On appeal White argued the Reagan Tokes indefinite-sentencing scheme is unconstitutional (jury-trial and separation-of-powers challenges). The court declined to consider those constitutional challenges because White did not raise them in the trial court and had agreed to the sentencing range; it affirmed the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Reagan Tokes Law’s indefinite sentencing scheme (as applied to Counts 14 and 16) is unconstitutional (violates right to jury trial and separation of powers)	The State: White forfeited constitutional challenges by not raising them in the trial court; he agreed to the plea/sentencing range and was sentenced within it, so the issue need not be considered on appeal.	White: Reagan Tokes is unconstitutional as applied — it infringes the jury trial right and violates separation of powers.	Court: Forfeited — appellant did not raise the constitutional challenge in the trial court and had agreed to the sentence; court declines to address merits and affirms.

State v. Quarterman, 140 Ohio St.3d 464 (2014) (failure to raise an error in the trial court forfeits appellate review)
State v. Awan, 22 Ohio St.3d 120 (1986) (constitutional questions in criminal cases must generally be raised first in the trial court)
In re M.D., 38 Ohio St.3d 149 (1988) (appellate courts may, in their discretion, consider constitutional challenges in special circumstances)
Reading v. Pub. Util. Comm. of Ohio, 109 Ohio St.3d 193 (2006) (administrative appeals present an exception where facial statutory challenges may be raised on appeal)
State v. Buttery, 162 Ohio St.3d 10 (2020) (reiterating that constitutional challenges in criminal cases must first be raised in the trial court)
State v. Anderson, 151 Ohio St.3d 212 (2017) (same principle: trial court is first forum to consider constitutionality in criminal prosecutions)