State v. Dotson

[Cite as State v. Dotson, 

.]


                               COURT OF APPEALS OF OHIO

                              EIGHTH APPELLATE DISTRICT
                                 COUNTY OF CUYAHOGA


STATE OF OHIO,                                    :

                 Plaintiff-Appellee,              :
                                                              No. 111719
                 v.                               :

CARLOS DOTSON,                                    :

                 Defendant-Appellant.             :


                                JOURNAL ENTRY AND OPINION

                 JUDGMENT: AFFIRMED
                 RELEASED AND JOURNALIZED: February 23, 2023


          Criminal Appeal from the Cuyahoga County Court of Common Pleas
                              Case No. CR-22-653422


                                            Appearances:

                 Michael C. O’Malley, Cuyahoga County Prosecuting
                 Attorney, and Gregory Paul, Assistant Prosecuting
                 Attorney, for appellee.

                 Cullen Sweeney, Cuyahoga County Public Defender, and
                 Francis Cavallo, Assistant Public Defender, for appellant.


MARY EILEEN KILBANE, J.:

                   Defendant-appellant Carlos Dotson (“Dotson”), raising a single

assignment of error, argues that the Reagan Tokes Law is unconstitutional and,
therefore, his sentence imposed under that law is invalid. For the following reasons,

we find the Reagan Tokes Law is constitutional and affirm the lower court’s ruling.

Factual and Procedural History

              On October 21, 2020, in Cuyahoga C.P. No. CR-20-653422-B, a

Cuyahoga County Grand Jury indicted Dotson on Count 1, aggravated murder in

violation of R.C. 2903.01(A); Count 2, murder in violation of R.C. 2903.02(B); and

Count 3, felonious assault in violation of R.C. 2903.11(A)(1). Counts 1, 2, and 3

included one- and three-year firearm specifications. The charges arose from an

incident on September 23, 2020, that resulted in the death of Freddie Edwards. On

October 30, 2020, Dotson pleaded not guilty to the indictment.

              On May 9, 2022, Dotson withdrew his prior pleas and pleaded guilty

to amended Count 1, involuntary manslaughter, a felony of the first degree in

violation of R.C. 2903.04(A) with a three-year firearm specification and amended

Count 3, felonious assault, a felony of the second degree in violation of R.C.

2903.11(A)(1), with a three-year firearm specification. The court nolled Count 2.

The trial court advised Dotson of the implications of the Reagan Tokes Law and

referred him for a presentence investigation and report.

              On June 14, 2022, the trial court held a sentencing hearing. On

amended Count 1, the court ordered Dotson to serve three years on the firearm

specification to run prior to and consecutive to a seven-year sentence on the

involuntary manslaughter charge. On amended Count 3, the court sentenced

Dotson to serve three years on the firearm specification to run prior to and
consecutive to a minimum seven-year sentence on the felonious assault charge. The

court ordered the sentences on Counts 1 and 3 to run consecutive to one another.

Pursuant to the Reagan Tokes Law, the court imposed a minimum sentence of 14

years and a maximum sentence of 17 ½ years on Counts 1 and 3, and a total stated

prison term of 20 to 23 ½ years. The court also imposed postrelease control. On

July 11, 2022, Dotson filed an appeal presenting a single assignment of error for our

review:

      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.

Legal Analysis

              In his sole assignment of error, Dotson argues that the Reagan Tokes

Law is unconstitutional and, therefore, his sentence imposed under that law is

invalid. Specifically, Dotson argues that his indefinite sentence under the Reagan

Tokes Law, enacted under S.B. 201 and R.C. 2901.011, is unconstitutional because it

violates his constitutional right to a jury trial, the separation-of-powers doctrine,

and his due process rights.

              This court’s en banc decision in State v. Delvallie, 

,

 (8th Dist.), overruled Dotson’s challenges to S.B. 201 that are

presented in this appeal. Therefore, we are constrained to follow Delvallie, and as

such, find that the Reagan Tokes Law is constitutional. We must find that Dotson’s
sentence pursuant to the Reagan Tokes Law was not a violation of his constitutional

rights and, therefore, his assignment of error is overruled.

              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.

      A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.



_________________________
MARY EILEEN KILBANE, JUDGE

FRANK DANIEL CELEBREZZE, III, P.J., and
KATHLEEN ANN KEOUGH, 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.