2022 Ohio 702
Ohio Ct. App.2022Background
- Defendant Chancellor Winkler pleaded guilty to aggravated burglary (first-degree) and felonious assault (second-degree) on December 18, 2019; the convictions were merged for sentencing.
- On December 19, 2019 the trial court imposed a Reagan Tokes sentence: minimum 3 years and maximum 4 years 6 months.
- The trial judge sua sponte stated the Reagan Tokes statute was unconstitutional but nevertheless sentenced under it and appointed appellate counsel specifically to challenge the statute’s constitutionality.
- Winkler appealed, arguing the Reagan Tokes Law violates the Sixth Amendment right to trial by jury, the separation-of-powers doctrine, and due process.
- The appellate majority affirmed the sentence, overruling Winkler’s assignment of error pursuant to this court’s en banc decision in State v. Delvallie.
- Judge Laster Mays dissented, arguing the constitutional challenge was forfeited because defense counsel did not raise it in the trial court and thus should not be considered on appeal except for plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of Reagan Tokes Law (jury, separation-of-powers, due process) | State: statute is constitutional (court applied controlling precedent) | Winkler: law violates jury trial right, separation of powers, and due process | Court: overruled assignment of error and affirmed sentence under controlling en banc Delvallie precedent |
| Preservation / forfeiture of constitutional challenge | State: issue preserved by trial court’s sua sponte constitutional finding and appointment of appellate counsel | Winkler (on appeal): raised challenge; dissent argues Winkler did not present issue via trial counsel so it was forfeited | Held by majority: reached and decided the constitutional claim (per Delvallie); Dissent: would decline review as forfeited absent plain error |
Key Cases Cited
- State v. Buttery, 162 Ohio St.3d 10 (Ohio 2020) (constitutional challenge generally must be raised at first opportunity)
- State v. Quarterman, 140 Ohio St.3d 464 (Ohio 2014) (failure to challenge a statute’s constitutionality in trial court forfeits the issue except for plain error)
- State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (in criminal prosecutions constitutional challenges must be raised in the trial court)