State v. Cloud , 2022 Ohio 1174 ( 2022 )

[Cite as State v. Cloud, 2022-Ohio-1174.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110774
v. :
WALTER CLOUD, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: April 7, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-654507-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Alicia Harrison, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
Michael V. Wilhelm, Assistant Public Defender, for
appellant.
MICHELLE J. SHEEHAN, J.:
Defendant-appellant Walter Cloud was indicted for two counts of
aggravated arson, a second-degree felony. The indictment stemmed from an arson
incident on November 8, 2020. Cloud had stayed at the victim’s home but on the
night of the incident, the victim asked him to leave. Cloud left but then returned to
set fire to the back porch of the victim’s home. He committed the arson offense while
on probation for a prior burglary offense. Cloud pleaded guilty to one count of
aggravated arson, and the trial court sentenced him to an indefinite sentence of
three- to four-and-one-half years pursuant to the Reagan Tokes Law as defined
under R.C. 2901.011, which went into effect on March 22, 2019.
On appeal, Cloud only challenges the constitutionality of the Reagan
Tokes Law. He claims the law is unconstitutional because it violates a defendant’s
right to a jury trial, due process, and separation of powers. In State v. Delvallie, 8th
Dist. Cuyahoga No. 109315, 2022-Ohio-470, this court considered these
constitutional claims en banc and found the Reagan Tokes Law to be constitutional.
Accordingly, we affirm the trial court’s judgment.
Judgment affirmed.
It is ordered that appellee recover of 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.
____________________________
MICHELLE J. SHEEHAN, JUDGE
SEAN C. GALLAGHER, A.J., and
FRANK DANIEL CELEBREZZE, III, J., CONCUR