State v. Garcia , 2023 Ohio 1219 ( 2023 )

[Cite as State v. Garcia, 2023-Ohio-1219.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellant, :
No. 111795
v. :
ANTHONY GARCIA, :
Defendant-Appellee. :
JOURNAL ENTRY AND OPINION
JUDGMENT: REVERSED AND REMANDED
RELEASED AND JOURNALIZED: April 13, 2023
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-21-664823-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Daniel T. Van, Assistant Prosecuting
Attorney, for appellant.
Cullen Sweeney, Cuyahoga County Public Defender, and
Jonathan Sidney, Assistant Public Defender, for appellee.
LISA B. FORBES, P.J.:
Appellant the state of Ohio (“the state”) appeals the trial court’s
journal entry sentencing appellee Anthony Garcia (“Garcia”) to a definite prison
term of five years. After reviewing the facts of the case and pertinent law, we reverse.
I. Facts and Procedural History
Garcia pled guilty to felonious assault, a second-degree felony in
violation of R.C. 2903.11(A)(2); aggravated burglary, a first-degree felony in
violation of R.C. 2911.11(A)(2); and resisting arrest, a second-degree misdemeanor
in violation of R.C. 2921.33(A).
On July 28, 2022, the trial court journalized an entry sentencing
Garcia to a definite prison term of five years. It is from this order that the state
appeals.
II. Law and Analysis
In its sole assignment of error, the state asserts that “the trial court
plainly erred when it found S.B. 201 to be unconstitutional and did not impose an
indefinite sentence pursuant to S.B. 201.” S.B. 201 is otherwise known as the Reagan
Tokes Law. In response, Garcia argues that the trial court did not err because the
Regan Tokes Law violates “the constitutional right to trial by jury,” “the separation
of powers doctrine,” and “due process.”
This court’s en banc decision in State v. Delvallie, 2022-Ohio-470,
185 N.E.3d 536 (8th Dist.), determined that “[t]he Reagan Tokes Law is not
unconstitutional based on the claims presented by the defendants.” Id. at ¶ 51. The
Delvallie opinion addressed arguments related to the defendant’s right to a trial by
jury, the separation-of-powers doctrine, and the defendant’s right to due process.
Garcia has not raised a new constitutional challenge to the Reagan
Tokes Law, and we are therefore constrained to follow this court’s en banc decision
in Delvallie. The state’s sole assignment of error is sustained.
Judgment reversed and remanded to the trial court for proceedings
consistent with this opinion.
It is ordered that appellant recover from appellee 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.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
_______________________________
LISA B. FORBES, PRESIDING JUDGE
EILEEN T. GALLAGHER, J., and
MARY J. BOYLE, J., CONCUR
N.B. The author of this opinion is constrained to apply Delvallie. For a full
explanation, see State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.)
(Forbes, J., dissenting).
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.