State v. Thomason , 2022 Ohio 3873 ( 2022 )

[Cite as State v. Thomason, 2022-Ohio-3873.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
ALLEN COUNTY
STATE OF OHIO,
PLAINTIFF-APPELLEE, CASE NO. 1-22-33
v.
JOHNNY L. THOMASON, OPINION
DEFENDANT-APPELLANT.
Appeal from Allen County Common Pleas Court
Trial Court No. CR2021 0313
Judgment Affirmed
Date of Decision: October 31, 2022
APPEARANCES:
F. Stephen Chamberlain for Appellant
Jana E. Emerick for Appellee
Case No. 1-22-33
SHAW, J.
{¶1} Defendant-Appellant, Johnny L. Thomason (“Thomason”), appeals the
April 29, 2022 judgment of the Allen County Court of Common Pleas challenging
his indefinite sentence imposed under the Reagan Tokes Law.
Facts and Procedural History
{¶2} In October 2021, Thomason was charged in a ten-count indictment with
various felony sex offenses. Pursuant to a negotiated plea agreement, Thomason
pleaded guilty to Count 3, rape, a first-degree felony; Count 5, gross sexual
imposition, a fourth-degree felony; Count 6, gross sexual imposition, a fourth-
degree felony; Count 9, importuning, a fifth-degree felony; and Count 10,
disseminating matter harmful to juveniles, a fifth-degree felony. The remaining
counts were dismissed. The trial court sentenced Thomason to a term of ten years
(mandatory minimum) to fifteen years (maximum) on Count 3; fifteen months on
both Count 5 and Count 6; twelve months on both Count 9 and Count 10, with all
counts to be served consecutively, for a total indefinite sentence of fourteen years
and six months to a maximum nineteen years and six months in prison. The trial
court also imposed five years of mandatory post-release control and classified
Thomason as a Tier III sex offender.
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Case No. 1-22-33
{¶3} At sentencing, the trial court overruled a defense motion objecting to
the imposition of an indefinite prison sentence under the Reagan Tokes Law on the
grounds of unconstitutionality. Thomason now appeals from the trial court’s
judgment, raising the following assignments of error for our review.
ASSIGNMENT OF ERROR NO. 1
The Reagan Tokes Law, 132 GA Senate Bill 201 is
unconstitutional because it violates the separation-of-powers
doctrine.
ASSIGNMENT OF ERROR NO. 2
The Reagan Tokes Law, 132 GA Senate Bill 201 is
unconstitutional because it violates right to due process.
ASSIGNMENT OF ERROR NO. 3
The Reagan Tokes Law, 132 GA Senate Bill 201 is
unconstitutional because it violates the constitutional right to a
jury trial.
{¶4} In the three assignments of error, which we will address together,
Thomason contends that the indefinite sentence of incarceration imposed on Count
3 pursuant to the Reagan Tokes Law is unconstitutional as it violates the separation-
of-powers doctrine and violates his constitutional rights to due process and to a trial
by jury.
{¶5} As this Court has noted in State v. Ball, 3d Dist. Allen No. 1-21-16,
2022-Ohio-1549, challenges to the Reagan Tokes Law do not present a matter of
first impression in this Court. Ball at ¶ 59. “Since the indefinite sentencing
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Case No. 1-22-33
provisions of the Reagan Tokes Law went into effect in March 2019, we have
repeatedly been asked to address the constitutionality of these provisions. We have
invariably concluded that the indefinite sentencing provisions of
the Reagan Tokes Law do not facially violate the separation-of-powers doctrine or
infringe on defendants’ due process rights.” Id. citing e.g., State v. Crawford, 3d
Dist. Henry No. 7-20-05, 2021-Ohio-547, ¶ 10-11; State v. Hacker, 3d Dist. Logan
No. 8-20-01, 2020-Ohio-5048, ¶ 22; State v. Wolfe, 3d Dist. Union No. 14-21-16,
2022-Ohio-96, ¶ 21. Further, for the reasons stated in Ball, the remaining
constitutional issue under Reagan Tokes related to a jury trial is also unavailing. Id.
at ¶ 61-63.
{¶6} Thus, on the basis of Ball and our prior precedent, this Court finds no
merit to Thomason’s contentions. The three assignments of error are overruled.
{¶7} The judgment of the Allen County Common Pleas Court is affirmed.
Judgment Affirmed
ZIMMERMAN, P.J. and MILLER, J., concur.
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