STATE OF OHIO v. EDWARD MADDOX
Case No. L-19-1253
COURT OF APPEALS LUCAS COUNTY, OHIO SIXTH APPELLATE DISTRICT
April 22, 2022
[Cite as State v. Maddox, 2022-Ohio-1350.]
Hon. William B. Hoffman, P.J., Hon. Patricia A. Delaney, J., Hon. Earle E. Wise, Jr., J. (Sitting by Assignment by the Ohio Supreme Court)
Appeal from the Lucas County Court of Common Pleas, Case No. CR19-2094; Judgment Affirmed
For Plaintiff-Appellee JULIA R. BATES Prosecuting Attorney Lucas County, Ohio ALYSSA BREYMAN Assistant Prosecuting Attorney Lucas County Courthouse 711 Adams Street Toledo, Ohio 43604
For Defendant-Appellant ANDREW R. MAYLE Mayle, LLC P.O. Box 263 Perrysburg, Ohio 43552
{¶1} This case comes before this Court from the judgment entered by the Ohio Supreme Court on March 16, 2022, remanding this case for this Court to consider whether the challenged provisions of the Reagan Tokes Law are constitutional. Defendant-appellant is Edward Maddox. Appellee is the state of Ohio.
STATEMENT OF THE CASE1
{¶2} On September 30, 2019, Appellant entered pleas of guilty pursuant to North Carolina v. Alford to two counts of attempted burglary, in violation of
{¶3} Appellant was sentenced pursuant to Am.Sub.S.B. No. 201, otherwise known as the Reagan Tokes Act. On each of the convictions of attempted burglary, the trial court sentenced Appellant to twelve months incarceration. On the burglary conviction, the court sentenced Appellant to a stated minimum term of incarceration of four years and a maximum indefinite term of incarceration of six years. The trial court ordered the sentences to be served concurrently.
{¶4} Appellant appealed the judgment of conviction and sentence, assigning as error:
I. IT WAS PLAIN ERROR FOR THE TRIAL COURT TO IMPOSE SENTENCE UNDER THE REAGAN TOKES LAW BECAUSE ITS PROVISIONS ARE UNCONSTITUTIONAL NULLITIES.
II. TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN NOT OBJECTING TO APPLICATION OF THE TOKES LAW.
{¶5} This Court found the issue of the constitutionality of the Reagan Tokes Law to be not yet ripe for review. State v. Maddox, 6th Dist. Lucas No. CL-19-1253, 2020-Ohio-4702. This case came before the Ohio Supreme Court on a certified conflict. The Ohio Supreme Court reversed this Court‘s decision finding the issue of constitutionality not ripe for review, and remanded to this Court with instructions to issue a ruling on the constitutionality of the Reagan Tokes Law. State v. Maddox, 2022-Ohio-764.
I.
{¶6} In his first assignment of error, Appellant challenges the presumptive release feature of
{¶7} For the reasons stated in the dissenting opinion of The Honorable W. Scott Gwin in State v. Wolfe, 5th Dist. Licking No. 2020CA00021, 2020-Ohio-5501, we find the Reagan Tokes Law does not violate Appellant‘s constitutional rights to trial by jury and due process of law, and does not violate the constitutional requirement of separation of powers. We hereby adopt the dissenting opinion in Wolfe as the opinion of this Court. In so holding, we also note the sentencing law has been found constitutional by the Second,
{¶8} The first assignment of error is overruled.
II.
{¶9} In his second assignment of error, Appellant argues his trial counsel was ineffective by failing to raise the constitutionality of
{¶10} A properly licensed attorney is presumed competent. State v. Hamblin, 37 Ohio St.3d 153, 524 N.E.2d 476 (1988). Therefore, in order to prevail on a claim of ineffective assistance of counsel, Appellant must show counsel‘s performance fell below an objective standard of reasonable representation and but for counsel‘s error, the result of the proceedings would have been different. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989). In other words, Appellant must show counsel‘s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied upon as having produced a just result. Id.
{¶11} Because we have found
{¶13} The judgment of the Lucas County Common Pleas Court is affirmed.
By: Hoffman, P.J. Delaney, J. and Wise, Earle, J. concur
Sitting by Assignment by the Supreme Court of Ohio
HON. WILLIAM B. HOFFMAN
HON. PATRICIA A. DELANEY
HON. EARLE E. WISE, JR.
STATE OF OHIO v. EDWARD MADDOX
Case No. L-19-1253
IN THE COURT OF APPEALS FOR LUCAS COUNTY, OHIO SIXTH APPELLATE DISTRICT
JUDGMENT ENTRY
For the reasons stated in our accompanying Opinion, the judgment of the Lucas County Court of Common Pleas, is affirmed. Costs assessed to Appellant.
Sitting by Assignment by the Supreme Court of Ohio
HON. WILLIAM B. HOFFMAN
HON. PATRICIA A. DELANEY
HON. EARLE E. WISE, JR.