State v. Dudas , 2022 Ohio 931 ( 2022 )

[Cite as State v. Dudas, 2022-Ohio-931.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110573
v. :
MICHAEL DUDAS, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 24, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-650250-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Anna Faraglia and Daniel T. Van, Assistant
Prosecuting Attorneys, for appellee.
Edward M. Heindel, for appellant.
EILEEN A. GALLAGHER, J.:
Defendant-appellant Michael Dudas pled guilty to one count of
aggravated murder (an unclassified felony), one count of aggravated robbery (a first-
degree felony) and two counts of misuse of a credit card (a fifth-degree felony). The
trial court imposed a sentence of 25 years to life on the aggravated murder count, an
indefinite sentence of three to four-and-a-half years on the aggravated robbery
count (to be served consecutively to the sentence on the aggravated murder count)
and one year each on the misuse of a credit card counts (to be served concurrently
to each other and concurrently with the sentences on the other counts). Dudas
appeals his sentence on the aggravated robbery count, arguing that the indefinite
sentence, imposed under the Reagan Tokes Law, is unconstitutional. He raises the
following three assignments of error for review:
Assignment of Error No. 1: The Reagan Tokes Act is unconstitutional
because it violates the Due Process Clauses of the United States and
Ohio Constitutions.
Assignment of Error No. 2: The Reagan Tokes Act is unconstitutional
because it violates the separation of powers doctrine embodied in the
Ohio Constitution.
Assignment of Error No. 3: The Reagan Tokes Act is unconstitutional
because it violates the right to jury trial as guaranteed by the United
States and Ohio Constitutions.
The arguments presented in this case do not present novel issues or
any new theory challenging the constitutional validity of any aspect of the Reagan
Tokes Law left unaddressed by this court’s en banc decision in State v. Delvallie, 8th
Dist. Cuyahoga No. 109315, 2022-Ohio-470. Accordingly, pursuant to Delvallie, we
overrule Dudas’ assignments of error.
Judgment affirmed.
It is ordered that appellee recover from appellant the 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
Cuyahoga County Court of Common Pleas to carry this judgment into execution.
The defendant’s convictions having been affirmed, any bail pending appeal is
terminated.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
EILEEN A. GALLAGHER, JUDGE
FRANK DANIEL CELEBREZZE, III, P.J., and
LISA B. FORBES, J., CONCUR
N.B. Judge Lisa B. Forbes is constrained to apply Delvallie. For a full explanation,
see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470 (Forbes, J.,
dissenting).