State v. Hines

Mar 10, 2022
110159
Versions:

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: March 10, 2022

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-650683-A

Appearances:

Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Sarah J. Denney, Assistant Prosecuting Attorney, for appellee.

Cullen Sweeney, Cuyahoga County Public Defender, and Robert B. McCaleb, Assistant Public Defender, for appellant.

LISA B. FORBES, J.:

I. Facts and Procedural History

{¶ 1} On October 7, 2020, Antwon M. Hines (“Hines“) pled guilty to attempted aggravated robbery, a second-degree felony, in violation of R.C. 2923.02 and 2911.01(A)(1), with a one-year firearm specification. On November 18, 2020, the court sentenced Hines to two-to-three years in prison for the attempted aggravated robbery under the Reagan Tokes Law and one year in prison for the firearm specification to run consecutively.

{¶ 2} It is from this sentence that Hines appeals, arguing that the Reagan Tokes Law is unconstitutional because it violates the right to trial by jury, the separation-of-powers doctrine, and the right to due process.

II. Law and Analysis

{¶ 3} Hines‘s assignment of error is overruled pursuant to this court‘s en banc decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470.

{¶ 4} 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.

LISA B. FORBES, JUDGE

SEAN C. GALLAGHER, A.J., and EILEEN A. GALLAGHER, J., CONCUR

N.B. The author of this opinion is constrained to apply Delvallie. For a full explanation, see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470 (Forbes, J., dissenting).