State v. Bell , 2023 Ohio 822 ( 2023 )

[Cite as State v. Bell, 2023-Ohio-822.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 111899
v. :
TIMOTHY A. BELL, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 16, 2023
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-21-665320-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Michael Timms, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Chief Public Defender, and Rick L.
Ferrara, Assistant Public Defender, for appellant.
EILEEN A. GALLAGHER, J.:
Defendant-appellant Timothy A. Bell (“Bell”) appeals the imposition
of an indefinite sentence pursuant to a conviction for robbery in Cuyahoga C.P. No.
CR-22-667283-A.1
Because this court in State v. Delvallie 2022-Ohio-470, 185 N.E.3d
536 (8th Dist.) (en banc), has addressed and overruled Bell’s arguments that S.B.
201 violates the doctrine of separation of powers, we affirm Bell’s convictions.
Bell raised one assignment of error:
The trial court erred when it found S.B. 201 to be Constitutional and
imposed an indefinite sentence pursuant to S.B. 201.
In Delvallie, supra, this court sitting en banc overruled the arguments
Bell presents in this appeal. As such, the sole assignment of error is overruled.
Judgment 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.
1 Appellant’s notice of appeal incorporates a second case in which he entered a plea
of guilty to drug possession in Cuyahoga C.P. No. CR-21-665320-A. In that case, he was
sentenced to a term of one year which was ordered to be served concurrently to the
sentence for robbery in Cuyahoga C.P. No. CR-22-667283-A. The Reagan Tokes Act does
not apply to that sentence.
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
MICHAEL JOHN RYAN, J., CONCUR