2022 Ohio 803
Ohio Ct. App.2022Background
- The Reagan Tokes Law (S.B. 201), effective March 22, 2019, replaced definite sentencing with an indefinite sentencing scheme for first- and second-degree felonies committed on/after that date.
- On April 14, 2020, Jacob Whittenburg pleaded guilty to attempted aggravated burglary (second-degree felony) with a one-year firearm specification under a plea agreement.
- Defense counsel informed the court that he had advised Whittenburg about the Reagan Tokes consequences of the plea; the trial court sua sponte declared the Reagan Tokes Law unconstitutional before the Crim.R. 11 colloquy.
- The trial court imposed a three-year definite term (pre-S.B.201 scheme) for the underlying felony plus one year for the firearm specification, rather than the indefinite term required by Reagan Tokes.
- The State appealed, asserting the sentence was contrary to law and appealable under R.C. 2953.08(B)(2).
- This court, relying on its en banc decision in State v. Delvallie (which upheld Reagan Tokes), reversed the trial court and remanded for resentencing under Reagan Tokes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in declaring the Reagan Tokes Law unconstitutional and imposing a definite sentence instead of the indefinite sentence required by S.B. 201 | The State: trial court’s sentence is contrary to law because Reagan Tokes was in effect and requires an indefinite sentence; State may appeal under R.C. 2953.08(B)(2) | Whittenburg: trial court asserted Reagan Tokes violates jury-trial, due-process, and separation-of-powers rights, so a definite sentence was lawful | Court: Reversed — Reagan Tokes upheld (per en banc Delvallie); trial court erred and case remanded for resentencing under Reagan Tokes |
Key Cases Cited
- State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (both state and defendant have right to appeal a sentence that is contrary to law)