STATE OF OHIO v. JAVON DAVIDSON
No. 110625
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, COUNTY OF CUYAHOGA
March 10, 2022
[Cite as State v. Davidson, 2022-Ohio-694.]
MARY EILEEN KILBANE, J.
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-653874-A. JUDGMENT: AFFIRMED AND REMANDED.
Appearances:
Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and Jonathan Sidney, Assistant Public Defender, for appellant.
MARY EILEEN KILBANE, J.:
{¶ 1} Defendant-appellant Javon Davidson (“Davidson“), raising a single assignment of error, argues that the Reagan Tokes Law is unconstitutional and,
Factual and Procedural History
{¶ 2} On November 5, 2020, a Cuyahoga County Grand Jury indicted Davidson on nine counts including aggravated robbery in violation of
{¶ 3} On December 3, 2020, Davidson was declared indigent and pleaded not guilty to the indictment. Bond was set with the requirement that Davidson have no contact with the victim.
{¶ 4} On March 2, 2021, Davidson withdrew his former pleas of not guilty and pleaded guilty to one count of robbery in violation of
{¶ 5} On the same date, the trial court sentenced Davidson to three years on the firearm specification, to be served prior to and consecutive with a two-year prison term on the underlying robbery charge. The court also sentenced Davidson to two years each on the felonious assault and having weapons while under disability charges. The two-year prison terms on the robbery, felonious assault, and having weapons while under disability charges were to run concurrent with each other. Based upon the three-year consecutive sentence on the firearm specification and the two-year concurrent sentences on the other offenses, Davidson received an aggregate minimum sentence of five years with a potential maximum term of six years. The trial court also mandated three years postrelease control on the robbery charge.
{¶ 6} On June 30, 2021, Davidson filed a timely notice of appeal arguing that the trial court erred when it imposed an indefinite sentence pursuant to the Reagan Tokes Law because the law is unconstitutional.
Legal Analysis
{¶ 7} Davidson‘s sole assignment of error is that his indefinite sentence under the Reagan Tokes Law is unconstitutional because it violates (1) Davidson‘s right to a trial by jury as protected by
{¶ 8} Davidson‘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 Davidson‘s sentence pursuant to Reagan Tokes was not a violation of his constitutional rights. Davidson‘s assignment of error is overruled.
{¶ 9} Although not raised as an issue by either party, we sua sponte remand the case for correction of the trial court‘s April 1, 2021 judgment entry.
{¶ 10} On March 2, 2021, the trial court issued a judgment entry that stated the trial court sentenced Davidson to a minimum term of five years in prison based upon (1) the three-year firearm specification to be served consecutive to and prior to the underlying robbery offense and (2) the two-year sentences on the underlying robbery, felonious assault, and having weapons while under disability charges that were to be served concurrent with each other. The March 2, 2021 judgment entry also included this language: “The court imposes a minimum prison term of eight year(s) and a maximum prison term of 12 year(s) on the underlying offense(s).” On April 1, 2021, the trial court issued a nunc pro tunc entry that removed the wording “on the underlying offense(s)” from the above-cited sentence. However, the April 1, 2021 nunc pro tunc judgment entry contained clerical errors; the entry stated the trial court imposed a minimum prison term of eight years and a maximum prison
{¶ 11} Trial courts retain jurisdiction to correct clerical errors in judgment entries so that the entries accurately reflect the trial court‘s decision. State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353, 2006-Ohio-5795, 856 N.E.2d 263, ¶ 19;
{¶ 13} Judgment affirmed and case remanded.
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.
MARY EILEEN KILBANE, JUDGE
FRANK D. CELEBREZZE, JR., P.J., and
CORNELIUS J. O‘SULLIVAN, JR., J., CONCUR
N.B. Judge Mary Eileen Kilbane joined the dissenting opinion by Judge Lisa B. Forbes and the concurring in part and dissenting in part opinion by Judge Anita Laster Mays in Delvallie and would have found the Reagan Tokes Law unconstitutional.