State v. VinceState v. Vince
JUDGMENT: REVERSED AND REMANDED
RELEASED AND JOURNALIZED: April 21, 2022
Appearances:
Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Daniel Van, Assistant Prosecuting Attorney, for appellant.
Cullen Sweeney, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellee.
JAMES A BROGAN, J.:
{¶ 1} The state of Ohio appeals from the sentence imposed on defendant-appellee Zerian Vince (“Vince“). Specifically, the trial court found the Reagan Tokes Law unconstitutional and declined to impose an indefinite sentence pursuant to the
Factual and Procedural History
{¶ 2} On December 20, 2019, Vince was arrested for charges in juvenile court in Cuyahoga J.C. No. DL-19-115330. The case was bound over to adult court on October 6, 2020, and the clerk docketed the case as Cuyahoga C.P. No. CR-20-653626-A.1
{¶ 3} On October 29, 2020, in Cuyahoga C.P. No. CR-20-653626-A, a Cuyahoga County Grand Jury indicted Vince on Count 1, aggravated robbery in violation of
{¶ 4} On November 20, 2020, Vince pleaded not guilty to the indictment. On August 26, 2021, the court held a change-of-plea hearing. The court explained the maximum potential penalties Vince faced. After engaging Vince in a Crim.R. 11 colloquy, Vince retracted his former pleas of not guilty and the trial court accepted his guilty pleas. Vince pleaded guilty to amended Count 1, aggravated robbery, a felony of the first degree with a forfeiture specification; amended Count 5, grand theft, a felony of the fourth degree with a forfeiture specification; Count 7, having weapons while under disability, a felony of the third degree with a forfeiture specification; Count 8, failure to comply, a felony of the third degree; and Count 10, criminal damaging or endangering, a misdemeanor of the second degree. The state nolled the remaining charges and specifications.
{¶ 5} On the same date, the trial court found the Reagan Tokes Law unconstitutional and, therefore, did not impose an indefinite sentence under the law. The court sentenced Vince to three years on amended Count 1, six months on amended Count 5, nine months each on Counts 7 and 8, and 90 days on Count 10. The sentences on Counts 1, 5, 7, and 10 were to be served concurrently with each other and Count 8‘s sentence was to be served consecutively to Count 1, for an aggregate sentence of three years and nine months. Further, the aggregate sentence
{¶ 6} On September 2, 2021, the state of Ohio filed a timely notice of appeal.
Legal Analysis
{¶ 7} In its sole assignment of error, the state argues that the trial court erred when it found the Reagan Tokes Law to be unconstitutional and did not impose an indefinite sentence. Vince argues the trial court was correct in finding the Reagan Tokes Law unconstitutional because the law violates a defendant‘s right to a jury trial, due process, and the separation-of-powers doctrine.
{¶ 8} Pursuant to this court‘s en banc decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, which found the Reagan Tokes Law enacted through S.B. 201 was not unconstitutional, we sustain the state‘s assignment of error, reverse the trial court‘s judgment, and remand the matter for resentencing in accordance with the provisions of the Reagan Tokes Law.
{¶ 9} Judgment reversed and remanded for further proceedings consistent with this opinion.
It is ordered that appellant recover from appellee 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.
JAMES A. BROGAN, JUDGE*
EILEEN A. GALLAGHER, P.J., and
MICHELLE J. SHEEHAN, J., CONCUR
(*Sitting by assignment: James A. Brogan, J., retired, of the Second District Court of Appeals.)