State v. Perry
Court of Appeals No. WD-20-025
IN THE COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, WOOD COUNTY
Decided: May 21, 2021
[Cite as State v. Perry, 2021-Ohio-1748.]
OSOWIK, J.
Appellee
v.
Keith B. Perry, III
Appellant
Trial Court No. 2019CR0278
DECISION AND JUDGMENT
Paul A. Dobson, Wood County Prosecuting Attorney, and David T. Harold, Assistant Prosecuting Attorney, for appellee.
Sarah R. Anjum, for appellant.
OSOWIK, J.
{¶ 1} On June 19, 2019, the Wood County Grand Jury issued an 11-count indictment against appellant. The enumerated counts are as follows. Count 1: kidnapping—F1
{¶ 2} On December 27, 2019, after the state amended the felony level on each count, appellant pled guilty to each count of the indictment, as amended.
{¶ 3} Appellant was advised at the time of the plea that he would be sentenced pursuant to S.B. 201, the Reagan Tokes law. Appellant’s counsel objected to the application of the statute as being unconstitutional. The trial court overruled the objections.
{¶ 4} Appellant was sentenced to serve an indefinite term of 28 years minimum to a maximum term of 32 years under Count 1 and under Counts 2-11. He was sentenced to serve 24 months on each count of 2-11, to be served consecutive to each other.
Assignment of Error I:
AS AMENDED BY THE REAGAN TOKES ACT, THE REVISED CODE’S SENTENCES FOR FIRST AND SECOND DEGREE QUALIFYING FELONIES VIOLATE THE CONSTITUTIONS OF THE UNITED STATES AND THE STATE OF OHIO.
{¶ 6} In his solitary assignment of error, appellant attacks the constitutionality of the Reagan Tokes law, aka S.B. 201, arguing that it violates the doctrine of separation of powers and due process rights afford to him under the Fourteenth Amendment to the United States Constitution and the Ohio Constitution.
{¶ 7} The Reagan Tokes law (“Law”) went into effect in Ohio on March 22, 2019.
{¶ 8} It is appellant’s contention that the portions of the statute which allow the Department of Rehabilitation and Corrections to administratively extend his prison term beyond his presumptive minimum prison term of 28 years to as much as 32 years violate the United States and Ohio Constitutions. Appellant, however, has not yet served his minimum term, and so he has not become subject to the application of
{¶ 9} We have previously addressed multiple constitutional challenges to the Reagan Tokes Law. See State v. Maddox, 160 Ohio St.3d 1505, 2020-Ohio-6913, 159 N.E.3d 1150; State v. Velliquette, 2020-Ohio-4855, 160 N.E.3d 414 (6th Dist.); State v. Montgomery, 6th Dist. Lucas No. L-19-1202, 2020-Ohio-5552; State v. Sawyer, 2020-Ohio-6980, --- N.E.3d --- (6th Dist.).
{¶ 10} As we recently stated in State v. Acosta, 6th Dist. Lucas Nos. L-20-1068, L-20-1069, 2021-Ohio-757:
[T]his court has recently held that the constitutionality of the Reagan Tokes law is not ripe for review where the appellant’s imprisonment term has not yet been extended by the ODRC. State v. Velliquette, 6th Dist.
{¶ 11} Accordingly, appellant’s single assignment of error is found not well-taken.
{¶ 12} We affirm the judgment of the Wood County Court of Common Pleas. Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24.
Judgment affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See also 6th Dist.Loc.App.R. 4.
Thomas J. Osowik, J. _______________________________
JUDGE
Gene A. Zmuda, P.J. _______________________________
JUDGE
Myron C. Duhart, J. _______________________________
CONCUR. JUDGE
This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.supremecourt.ohio.gov/ROD/docs/.