[Cite as State v. Edwards, 2022-Ohio-3408.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, : APPEAL NO. C-200101 TRIAL NO. B-1903327 Plaintiff-Appellee, : : O P I N I O N. VS. : JAMES EDWARDS, : Defendant-Appellant. : Criminal Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed Date of Judgment Entry on Appeal: September 28, 2022 Joseph T. Deters, Hamilton County Prosecuting Attorney, Paula Adams, Assistant Prosecuting Attorney, and Adam Tieger, Assistant Prosecuting Attorney, for Plaintiff-Appellee, Raymond T. Faller, Hamilton County Public Defender, and Krista Gieske, Assistant Public Defender, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS CROUSE, Judge. {¶1} Defendant-appellant James Edwards appeals the judgment of the Hamilton County Court of Common Pleas sentencing him to an indefinite sentence after he pled guilty to burglary, having weapons while under disability, and theft. In his sole assignment of error, Edwards argues that the trial court erred as a matter of law in sentencing him pursuant to the indefinite-sentencing scheme established under 2018 Am.Sub.S.B. 201, identified under R.C. 2901.011 as the Reagan Tokes Law, because the law is facially unconstitutional under the Ohio and United States Constitutions. Edwards challenges the constitutionality of the Reagan Tokes Law as violative of the separation-of-powers doctrine, his substantive- and procedural-due- process rights, and his right to equal protection of the law. {¶2} Because we recently held that the indefinite-sentencing scheme set forth in the Reagan Tokes Law is facially constitutional, see State v. Guyton, 1st Dist. Hamilton No. C-190657, 2022-Ohio-2962, ¶ 69, we overrule the assignment of error and affirm the trial court’s judgment. I. Facts and Procedure {¶3} In June 2019, a grand jury returned a five-count indictment against Edwards, charging (1) burglary, in violation of R.C. 2911.12(A)(2), a second-degree felony; (2) theft, in violation of R.C. 2913.02(A)(1), a third-degree felony; (3) having weapons while under disability (“WUD”), in violation of R.C. 2923.13(A)(2), a third- degree felony; (4) theft, in violation of 2913.02(A)(1), a fourth-degree felony; and (5) forgery, in violation of R.C. 2913.31(A)(3), a fifth-degree felony. Edwards pled guilty to the burglary, WUD, and fourth-degree theft counts in exchange for dismissal of the third-degree theft and forgery counts. 2 OHIO FIRST DISTRICT COURT OF APPEALS {¶4} The Reagan Tokes Law restored indefinite sentencing in Ohio for non- life-sentence felony offenses of the first or second degree committed on or after March 22, 2019. Guyton at ¶ 11, citing State v. Maddox, Slip Opinion No. 2022-Ohio-764, ¶ 4, and State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536, ¶ 1 (8th Dist.). Pursuant to the Reagan Tokes Law, the trial court sentenced Edwards to an indefinite term of incarceration of four to six years on the burglary count. Additionally, the trial court sentenced Edwards to a consecutive two-year term for the WUD count and a concurrent 18-month term on the theft count. Edwards timely appealed. {¶5} In his assignment of error, Edwards challenges the constitutionality of the Reagan Tokes Law. Edwards argues first …
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