State v. Buckhanon

Citations

• 2022 Ohio 683

Syllabus

Maximum sentence State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, 169 N.E.3d 649 R.C. 2929.12 Reagan Tokes Act constitutional State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470. The Ohio Supreme Court in Jones concluded that the language in Marcum regarding appellate courts modifying or vacating defendant's sentence if the record failed to support it under R.C. 2929.12 was dicta. The court also concluded that an appellate court errs if it relies on Marcum and modifies or vacates a sentence \based on the lack of support in the record for the trial court's findings under R.C. 2929.11 and R.C. 2929.12.\ In this case, appellant's sentence is not contrary to law and is supported by the record. The en banc majority in Delvallie has determined that the Reagan Tokes Act is constitutional. Therefore, appellant's sentence is affirmed.