State v. CambriaState v. Cambria
Appearances:
Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Jamielle Lamson-Buscho, Assistant Prosecuting Attorney, for appellee.
Susan J. Moran, for appellant.
JAMES A BROGAN, J.:
{1} Defendant-appellant David Cambria (“Cambria“), raising a single assignment of error, argues that the Reagan Tokes Law is unconstitutional and,
Factual and Procedural History
CR-21-657925-A
{2} On March 15, 2021, in Cuyahoga C.P. No. CR-21-657925-A, a Cuyahoga County Grand Jury indicted Cambria on six counts including three counts of grand theft in violation of
{3} On March 18, 2021, Cambria was declared indigent and pleaded not guilty to the indictment. The trial court set bond. On April 7, 2021, the trial court referred Cambria to the court psychiatric clinic to determine defendant‘s eligibility for transfer to the mental health court docket. On May 17, 2021, the parties stipulated to the court psychiatric clinic‘s findings that Cambria was not eligible for transfer to the mental health court docket.
CR-21-658588-C
{4} On April 14, 2021, in Cuyahoga C.P. No. CR-21-658588-C, a Cuyahoga County Grand Jury indicted Cambria on nine counts including one count of aggravated robbery in violation of
{5} On April 16, 2021, Cambria was declared indigent and pleaded not guilty to the indictment. The trial court set bond. On May 17, 2021, the parties stipulated to the findings of the court psychiatric clinic that found Cambria ineligible for transfer to the mental health court docket.
CR-21-659415-B
{6} On May 19, 2021, in Cuyahoga C.P. No. CR-21-659415-B, a Cuyahoga County Grand Jury indicted Cambria on six counts including one count of aggravated robbery in violation of
{7} On May 21, 2021, Cambria was declared indigent and pleaded not guilty to the indictment. The trial court set bond.
{8} On August 11, 2021, the court held a change-of-plea hearing where it addressed Cambria‘s three pending cases. The court explained the maximum potential penalties Cambria faced, including the application of the Reagan Tokes Law to his offenses. After engaging Cambria in a
{9} In Cuyahoga C.P. No. CR-21-657925-A, Cambria pleaded guilty to one count of grand theft, one count of receiving stolen property, and one amended count of attempted grand theft. The state nolled the remaining counts. In Cuyahoga C.P. No. CR-21-658588-C, Cambria pleaded guilty to one amended count of robbery with a three-year firearm specification, one amended count of attempted grand theft, and one amended count of having weapons while under disability. The state nolled the remaining counts and firearm specifications. In Cuyahoga C.P. No. CR-21-659415-B, Cambria pleaded guilty to one amended count of aggravated robbery with a one-
{10} On August 19, 2021, the court held a sentencing hearing on all three of Cambria‘s pending cases. The court heard from the assistant prosecuting attorney, defense counsel, a city of Cleveland detective assigned to Cambria‘s cases, a victim in Cuyahoga C.P. No. CR-21-658588-C, and Cambria.
{11} In Cuyahoga C.P. No. CR-21-657925-A, the court sentenced Cambria to one year on each of the three charges - grand theft, receiving stolen property, and attempted grand theft - with the sentences to run concurrent to each other and concurrent with the sentences imposed in Cuyahoga C.P. No. CR-21-658588-C and Cuyahoga C.P. No. CR-21-659415-B. Cambria was sentenced for up to three years discretionary postrelease control.
{12} In Cuyahoga C.P. No. CR-21-658588-C, the trial court sentenced Cambria to three years on the firearm specification to run prior to and consecutive to a three-year sentence on the robbery charge. The court sentenced Cambria to one year each on the attempted grand theft and having weapons while under disability charges, with those sentences running concurrent to each other and concurrent to the robbery and firearm specification sentences. The three-year firearm specification was ordered to run consecutive to the one-year firearm specification in Cuyahoga C.P. No. CR-21-659415-B. Pursuant to the Reagan Tokes Law, the court
{13} In Cuyahoga C.P. No. CR-21-659415-B, the court sentenced Cambria to one year on the firearm specification to run prior to and consecutive to a three-year sentence on the aggravated robbery charge. The court sentenced Cambria to one year on the improperly handling firearms in a motor vehicle charge, to run concurrent to the aggravated robbery and firearm specification sentences. The firearm specification was ordered to run consecutive to the three-year firearm specification in Cuyahoga C.P. No. CR-21-658588-C. Pursuant to the Reagan Tokes Law, the court imposed an aggregate minimum term of three years and a maximum term of four and one-half years. The court sentenced Cambria to five years mandatory postrelease control.
{14} On September 17, 2021, Cambria filed a timely notice of appeal.
Legal Analysis
{15} Cambria‘s sole assignment of error is that his indefinite sentence under the Reagan Tokes Law is unconstitutional because it violates his due process rights, violates the separation-of-powers doctrine, and violates his constitutional right to a trial by jury.
{16} Cambria‘s arguments are overruled pursuant to this court‘s en banc decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, which overruled the challenges presented in this appeal to the Reagan Tokes Law enacted through S.B. 201. Therefore, we find that Cambria‘s sentence pursuant to Reagan
{17} Judgment affirmed.
It is ordered that appellee recover from 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.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JAMES A. BROGAN, JUDGE*
KATHLEEN ANN KEOUGH, P.J., and
MICHELLE J. SHEEHAN, CONCUR
(*Sitting by assignment: James A. Brogan, J., retired, of the Second District Court of Appeals.)