State v. Acy , 2022 Ohio 3316 ( 2022 )

[Cite as State v. Acy, 2022-Ohio-3316.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. Earle E. Wise, Jr., P.J.
Plaintiff-Appellee Hon. William B. Hoffman, J.
Hon. Craig R. Baldwin, J.
-vs-
Case No. 2022CA00021
STEPHEN ACY
Defendant-Appellant OPINION
CHARACTER OF PROCEEDINGS: Appeal from the Stark County Court of
Common Pleas, Case No. 2021-CR-0898
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: September 20, 2022
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
KYLE L. STONE D. COLEMAN BOND
Prosecuting Attorney 116 Cleveland Avenue, S.W.
Stark County, Ohio Suite #600
Canton, Ohio 44702
VICKI L. DESANTIS
Assistant Prosecuting Attorney
Appellate Division
110 Central Plaza, South – Suite #510
Canton, Ohio 44702-1413
Stark County, Case No. 2022CA00021 2
Hoffman, J.
{¶1} Defendant-appellant Stephen Acy appeals the judgment entered by the
Stark County Common Pleas Court convicting him following his plea of guilty to felonious
assault (R.C. 2903.11(A)(1)) and sentencing him to an indefinite term of incarceration of
two to three years. Plaintiff-appellee is the state of Ohio.
STATEMENT OF THE FACTS AND CASE
{¶2} On April 6, 2021, Appellant was a resident at the Indian River Juvenile
Correctional Facility for a misdemeanor offense of obstructing official business. Appellant
struck A.G., breaking A.G.’s jaw, which required surgery. Appellant was indicted by the
Stark County Grand Jury on one count of felonious assault.
{¶3} Appellant entered a plea of guilty to the charged offense on January 26,
2022. Over Appellant’s objection, the trial court sentenced Appellant pursuant to the
Reagan Tokes Act to an indefinite term of incarceration of two to three years.
{¶4} It is from the February 2, 2022 judgment of the trial court Appellant
prosecutes this appeal, assigning as error:
THE MODIFICATIONS TO SENTENCING FOR FIRST- AND
SECOND-DEGREE FELONIES MADE BY THE REAGAN TOKES ACT
VIOLATE THE APPELLANT’S RIGHT TO JURY TRIAL, AS PROTECTED
BY THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED
STATES CONSTITUTION, AND THE SEPARATION OF POWERS
DOCTRINE EMBEDDED IN THE OHIO CONSTITUTION.
{¶5} Appellant argues the Reagan Tokes Act is unconstitutional, as it violates
separation of powers and his right to trial by jury.
Stark County, Case No. 2022CA00021 3
{¶6} For the reasons stated in this Court's opinion in State v. Householder, 5th
Dist. Muskingum No. CT2021-0026, 2022-Ohio-1542, we find the Reagan Tokes act is
constitutional. The assignment of error is overruled.
{¶7} The judgment of the Stark County Common Pleas Court is affirmed.
By: Hoffman, J.
Wise, Earle, P.J. and
Baldwin, J. concur