State v. Haggins , 2022 Ohio 1502 ( 2022 )

[Cite as State v. Haggins, 2022-Ohio-1502.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110880
v. :
ERIC HAGGINS, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: May 5, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-654440-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Alaina Hagans, Assistant Prosecuting
Attorney, for appellee.
Valore & Gordillo and Michael J. Gordill0, for appellant.
ANITA LASTER MAYS, P.J.:
Defendant-appellant Eric Haggins (“Haggins”) appeals the trial
court’s sentence under S.B. 201 known as the Reagan Tokes Law on the ground that
the law is unconstitutional. We affirm.
I. Facts and Procedural History
Haggins pleaded guilty in a package deal in the following cases for the
following counts:
State v. Haggins, Cuyahoga C.P. No. CR-20-654275:
Count 1 Felonious assault, in violation of R.C. 2903.11(A)(2), a
felony of the second-degree.
Count 3 Discharge of a firearm on or near a prohibited premises,
in violation of R.C. 2923.162(A)(3), a felony of the third
degree.
State v. Haggins, Cuyahoga C.P. No. CR-20-654440:
Count 1 Felonious assault, in violation of R.C. 2903.11(A)(2), a
felony of the second degree with a three-year firearm
specification.
Count 2 Felonious assault, in violation of R.C. 2903.11(A)(2), a
felony of the second degree.
Count 6 Theft, in violation of R.C. 2913.02(A)(1), a misdemeanor
of the first degree.
State v. Haggins, Cuyahoga C.P. No. CR-20-654539:
Count 1 Felonious assault, a felony of the second degree, in
violation of R.C. 2903.11(A)(1).
Haggins received a total sentence of 10 to 13 and one-half years.
Haggins objected to the portion of the sentence imposed pursuant to S.B. 201 known
as the Reagan Tokes Law on the ground that the law is unconstitutional.
Haggins assigns as error that the Reagan Tokes Law violates the
constitutional provisions for the: (1) right to trial by jury; (2) separation-of-powers
doctrine; and (3) due process guarantees. Since the filing of Haggins’s appeal, the
Ohio Supreme Court held in State v. Maddox, Slip Opinion No. 2022-Ohio-764,
that constitutional challenges to the Reagan Tokes Act are ripe for review, and
this court issued the en banc decision in State v. Delvallie, 8th Dist. Cuyahoga
No. 109315, 2022-Ohio-470. Based on the authority established by the en banc
holding, the challenges advanced by Haggins regarding the constitutional validity of
the Reagan Tokes Law have been overruled. See id. at ¶ 17-54.
Haggins’s assigned errors are overruled. The trial court’s judgment is
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.
ANITA LASTER MAYS, PRESIDING JUDGE
KATHLEEN ANN KEOUGH, J., and
CORNELIUS J. O’SULLIVAN, JR., J., CONCUR
N.B. Judge Anita Laster Mays is constrained to apply Delvallie’s en banc decision.
For a full explanation of her analysis, see State v. Delvallie, 8th Dist. Cuyahoga
No. 109315, 2022-Ohio-470 (Laster Mays, J., concurring in part and dissenting in
part).