State v. AndersonState v. Anderson
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 10, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-20-649596-B and CR-20-654686-A
Appearances:
Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Jillian J. Piteo, Assistant Prosecuting Attorney, for appellee.
Michael P. Maloney, for appellant.
SEAN C. GALLAGHER, A.J.:
{¶ 1} Darnell Anderson appeals from his non-life indefinite felony sentence imposed under
{¶ 2} There are two separate criminal cases underlying this appeal: Cuyahoga County C.P. Nos. CR-20-649596-B and CR-20-654686-A. In CR-649596-B (“Robbery case“), Anderson was indicted on three counts: aggravated robbery in violation of
{¶ 3} At the time of his plea, the trial court indicated that because Anderson was pleading guilty to a felony of the second degree committed after the effective date of the Reagan Tokes Law, the sentencing provisions under
{¶ 4} In this appeal, Anderson presents a single assignment of error in which he broadly claims that his second-degree felony robbery conviction is void because the Reagan Tokes Law violates the separation-of-powers doctrine under the Constitutions of the United States and the state of Ohio. Anderson‘s sole argument
{¶ 5} We need not dwell on the arguments presented. Based on the authority established by this district‘s en banc holding in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, the challenge Anderson advanced against the constitutional validity of the Reagan Tokes Law has been overruled. See id. at ¶ 17-51. Delvallie concluded that nothing in the Reagan Tokes Law shared commonality with the “bad time” provision deemed unconstitutional in Bray. As a result, Anderson‘s arguments challenging the constitutional validity of the qualifying second-degree felony robbery conviction, with a sentence imposed under the Reagan Tokes Law, must also be overruled. All other convictions are affirmed because no arguments have been presented to challenge them.
{¶ 6} We affirm.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution. The defendant‘s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
SEAN C. GALLAGHER, ADMINISTRATIVE JUDGE
ANITA LASTER MAYS, J., and
MICHELLE J. SHEEHAN, J., CONCUR
N.B. Judge Anita Laster Mays is constrained to apply Delvallie‘s en banc decision. For a full explanation of her analysis, see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470.