State v. Hines , 2022 Ohio 684 ( 2022 )

[Cite as State v. Hines, 2022-Ohio-684.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110159
v. :
ANTWON M. HINES, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 10, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-650683-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Sarah J. Denney, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
Robert B. McCaleb, Assistant Public Defender, for
appellant.
LISA B. FORBES, J.:
I. Facts and Procedural History
On October 7, 2020, Antwon M. Hines (“Hines”) pled guilty to
attempted aggravated robbery, a second-degree felony, in violation of R.C. 2923.02
and 2911.01(A)(1), with a one-year firearm specification. On November 18, 2020,
the court sentenced Hines to two-to-three years in prison for the attempted
aggravated robbery under the Reagan Tokes Law and one year in prison for the
firearm specification to run consecutively.
It is from this sentence that Hines appeals, arguing that the Reagan
Tokes Law is unconstitutional because it violates the right to trial by jury, the
separation-of-powers doctrine, and the right to due process.
II. Law and Analysis
Hines’s assignment of error is overruled pursuant to this court’s en
banc decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470.
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.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
LISA B. FORBES, JUDGE
SEAN C. GALLAGHER, A.J., and
EILEEN A. GALLAGHER, J., CONCUR
N.B. The author of this opinion is constrained to apply Delvallie. For a full
explanation, see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470(Forbes, J., dissenting).