State v. Mitchell , 2022 Ohio 1063 ( 2022 )

[Cite as State v. Mitchell, 2022-Ohio-1063.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110582
v. :
ANTWUAN MITCHELL, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 31, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-647744-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Morgan Austin, Assistant Prosecuting
Attorney, for appellee.
Richard A. Neff, for appellee.
LISA B. FORBES, J.:
I. Facts and Procedural History
On May 10, 2021, Antwuan Mitchell (“Mitchell”) pled guilty to
robbery, a second-degree felony, in violation of R.C. 2911.02(A)(1) with a firearm
specification and abduction, a third-degree felony, in violation of
R.C. 2905.02(A)(2). On May 26, 2021, the court sentenced Mitchell to a minimum
of fours years and a maximum of six years in prison for the robbery under the
Reagan Tokes Law, to run consecutive to one year in prison for the firearm
specification. The court also sentenced Mitchell to three years in prison for the
abduction and ordered that this sentence run consecutive to the sentence for the
robbery.
It is from this sentence that Mitchell appeals raising the following sole
assignment of error: “As amended by the Reagan Tokes [Law], the revised code’s
sentences for first- and second-degree qualifying felonies violates [sic] the
constitutions of the United States and the state of Ohio; the trial court plainly erred
in imposing a Reagan Tokes indefinite sentence.”
II. Law and Analysis
Mitchell’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
FRANK DANIEL CELEBREZZE, III, P.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, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470(Forbes, J., dissenting).