State v. Eggleton , 2022 Ohio 3671 ( 2022 )

[Cite as State v. Eggleton, 2022-Ohio-3671.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 111244
v. :
JOSHUA EGGLETON, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: October 13, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case Nos. CR-19-641632-A, CR-20-647524-A, and CR-20-653687-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Mallory Buelow, Assistant Prosecuting
Attorney, for appellee.
Robert A. Dixon, for appellant.
EILEEN T. GALLAGHER, J.:
Defendant-appellant, Joshua Eggleton (“Eggleton”), appeals from his
sentence, raising the following assignment of error for review:
S.B. 201, (Reagan Tokes Act) is unconstitutional under the
constitutions of the State of Ohio and United States as it violates dues
process, separation of powers, and the right to trial by jury.
After careful review of the record and relevant case law, we affirm
Eggleton’s sentence.
I. Procedural and Factual History
In Cuyahoga C.P. No. CR-19-641632-A, Eggleton pleaded guilty to two
counts of burglary in violation of R.C. 2911.12(A)(3), a felony of the third degree; and
single counts of assault in violation of R.C. 2903.13, a misdemeanor of the first
degree; unauthorized use of a vehicle in violation of R.C. 2913.03(B), a felony of the
fifth degree; criminal damaging in violation of R.C. 2909.06(A)(1), a misdemeanor
of the first degree; aggravated menacing in violation of R.C. 2903.21(A), a
misdemeanor of the first degree; and abduction in violation of R.C. 2905.02(A)(2),
a felony of the third degree. At the time of sentencing, the trial court imposed an
aggregate two-year prison term.
In Cuyahoga C.P. No. CR-20-647524-A, Eggleton pleaded guilty to
attempted domestic violence in violation of R.C. 2923.92 and 2919.25, a felony of
the fifth degree. At the time of sentencing, the trial court imposed a nine-month
prison term.
In Cuyahoga C.P. No. CR-20-653687-A, Eggleton pleaded guilty to
aggravated robbery in violation of R.C. 2911.01(A)(1), a felony of the first degree.
Pursuant to the mandates of the Reagan Tokes Law (enacted through S.B. 201), the
trial court imposed an indefinite sentence of six to nine years in prison.
The sentences imposed in each case were ordered to run concurrently.
Eggleton now brings this timely appeal.
II. Law and Analysis
In his sole assignment of error, Eggleton argues the trial court erred by
imposing an indefinite sentence in Case No. CR-20-653687-A pursuant to the
Reagan Tokes Law. He contends the Reagan Tokes Law is unconstitutional because
it violates the state and federal constitutional provisions for separation of powers,
due process, and equal protection.
Consistent with the well-established precedent of this court, we find no
merit to the constitutional challenges raised within this assigned error. The
question of whether the Reagan Tokes Law is constitutional was decided in this
court’s en banc opinion in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th
Dist.). There, this court found “that the Reagan Tokes Law, as defined under R.C.
2901.011, is not unconstitutional,” and reaffirmed the principles established in State
v. Gamble, 2021-Ohio-1810, 173 N.E.3d 132 (8th Dist.); State v. Simmons, 2021-
Ohio-939, 169 N.E.3d 728 (8th Dist.); and State v. Wilburn, 2021-Ohio-578, 168
N.E.3d 873 (8th Dist.). See Delvallie at ¶ 17. Because Eggleton does not advance
any novel argument left unaddressed by the Delvallie decision, we find the
constitutional challenges presented in this appeal are without merit.1
Eggleton’s sole assignment of error is overruled.
Judgment affirmed.
1 Neither party has raised any issues as to the imposed sentence and, therefore, any
determination as to the validity of the sentence is beyond the scope of this direct appeal.
State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.3d 248, ¶ 26; State v.
Henderson, 161 Ohio St.3d 285, 2020-Ohio-4784, 162 N.E.3d 776, ¶ 27.
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. The defendant’s
conviction having been affirmed, any bail pending is terminated. Case remanded to
the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
EILEEN T. GALLAGHER, JUDGE
SEAN C. GALLAGHER, A.J., and
EILEEN A. GALLAGHER, J., CONCUR
N.B. Judge Eileen T. Gallagher joined the dissent by Judge Lisa B. Forbes in
Delvallie and would have found that R.C. 2967.271(C) and (D) of the Reagan Tokes
Law are unconstitutional.