State v. Barnes

Citations

• 2020 Ohio 4150

Syllabus

Appellant was convicted of two counts of aggravated robbery involving separate victims, and because separate victims were involved, the counts were not allied offenses of similar import. The trial court did not improperly consider facts presented at the sentencing hearing in concluding that the offenses did not merge. The trial court complied with Crim.R. 11, and the record reflects that appellant's plea was knowing and voluntary. The trial court made the required findings for consecutive sentences, and it cannot be found by clear and convincing evidence that the record did not support these findings. Finally, the appellant did not assert that the Reagan Tokes Law is unconstitutional in the trial court. The issue is thus waived, and neither the provisions of the Reagan Tokes Law nor the record compels the conclusion that the Reagan Tokes Law violates the separation of powers doctrine or is otherwise unconstitutional. Judgment affirmed.