State v. McGlothinState v. McGlothin
Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Amanda Hall, Assistant Prosecuting Attorney, for appellee.
Joseph V. Pagano, for appellant.
JOURNAL ENTRY AND OPINION
MARY EILEEN KILBANE, J.:
{¶ 1} Defendant-appellant Edwin McGlothin (“McGlothin“) appeals from his sentence for felonious assault following a guilty plea. Specifically, McGlothin argues that his sentence is contrary to law because the record does not support the
Factual and Procedural History
{¶ 2} On January 28, 2020, a Cuyahoga County Grand Jury indicted McGlothin on one count of attempted murder in violation of
{¶ 3} The charges arose from an August 17, 2019 shooting. McGlothin forced his way into the home of victim Tonia Allen (“Allen“), his child‘s mother. McGlothin and victim John Dorsey (“Dorsey“) began arguing and McGlothin ultimately shot Dorsey in the groin. Dorsey‘s son witnessed Dorsey run, bleeding, out into the street and calling for help. McGlothin then went upstairs and punched Allen in the face.
{¶ 4} McGlothin initially pleaded not guilty to these charges. On July 1, 2020, the prosecutor and McGlothin‘s counsel informed the court that they had
{¶ 5} On July 22, 2020, the trial court held a sentencing hearing. The court stated that it had reviewed the PSI and a letter from McGlothin‘s sister. The court heard from the victim, the assistant prosecuting attorney, McGlothin‘s counsel, a close friend of McGlothin, and McGlothin. The assistant prosecuting attorney asked the court to impose a maximum consecutive sentence. The court sentenced McGlothin to one year on the firearm specification, to be served prior to and consecutive to six to nine years on the felonious assault. The court also sentenced McGlothin to 36 months, to run concurrent to the felonious assault sentence. The court waived fines and court costs.
{¶ 6} On August 24, 2020, McGlothin filed a notice of appeal. McGlothin presents two assignments of error for our review.
{¶ 7} In his first assignment of error, McGlothin argues that his sentence is contrary to law because the record does not support the length of the individual sentences.
{¶ 8} Here, McGlothin contends that the trial court did not adequately consider the factors set forth in
{¶ 9} Further, ”
{¶ 10} In his second assignment of error, McGlothin argues that his sentence is invalid because it was imposed pursuant to Reagan Tokes, which violates the Ohio and the United States Constitutions. Specifically, McGlothin argues that the law violates the separation-of-powers doctrine, his due process rights, and his right to trial by jury. McGlothin‘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 McGlothin‘s sentence pursuant to Reagan Tokes was not a violation of his constitutional rights. McGlothin‘s second assignment of error is overruled.
{¶ 11} 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.
MARY EILEEN KILBANE, JUDGE
EILEEN A. GALLAGHER, P.J., and LISA B. FORBES, 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.
Judge Lisa B. Forbes is constrained to apply Delvallie. For a full explanation, see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470 (Forbes, J., dissenting).