Reagan Tokes Law constitutionality. Appellant argued that his indefinite sentences imposed pursuant to the Reagan Tokes law were unconstitutional on the grounds the sentences violated his right to a jury trial, his right to due process, and the doctrine of separation of powers. Because the court overruled these arguments in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.) (en banc), the judgments of the trial court are affirmed.
.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 111420
v. :
LYNELL TERRY, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: December 8, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-21-659564-B
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Jonathan Block, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
John T. Martin, Assistant Public Defender, for appellant.
MICHELLE J. SHEEHAN, P.J.:
Defendant-appellant Lynell Terry appeals the indefinite prison
sentence imposed by the trial court after his convictions for aggravated robbery.
Because this court in State v. Delvallie,
(8th Dist.)
(en banc), addressed and overruled Terry’s arguments that the Reagan Tokes Law
as defined under R.C. 2901.011 violates his right to due process, right to a jury trial,
and violates the doctrine of separation of powers, we affirm Terry’s convictions.
On March 9, 2022, Terry entered into a plea agreement with the state
of Ohio and entered pleas of guilt to five counts of aggravated robbery, felonies of
the first degree with one-year firearm specifications; one count of theft of a motor
vehicle with a one-year firearm specification, a felony of the fourth degree; one count
of theft of a motor vehicle, a felony of the fourth degree; and to a count of theft, a
misdemeanor of the first degree. After accepting Terry’s pleas, the trial court
sentenced Terry to an aggregate prison term of nine- to ten-and-one-half years’
imprisonment. At issue in this appeal are the indefinite three- to four and one-half
year sentences the trial court imposed on each aggravated robbery count.
Terry raises one assignment of error, “S.B. 201 (Reagan Tokes) is
unconstitutional.” He argues that the Reagan Tokes Law, defined under
R.C. 2901.011, violates his right to due process, right to a jury trial, and violates the
doctrine of separation of powers. In
Delvallie, supra,
this court sitting en banc
overruled the arguments Terry presents in this appeal. As such, the sole assignment
of error is overruled.
Judgment affirmed.
It is ordered that appellee recover of 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.
__________________________________
MICHELLE J. SHEEHAN, PRESIDING JUDGE
CORNELIUS J. O’SULLIVAN, JR., J., and
MARY J. BOYLE, J., CONCUR
