State v. Burgos

Citations

• 199 N.E.3d 1158
• 2022 Ohio 3919

Syllabus

Aggravated burglary burglary domestic violence postrelease control merger Reagan Tokes Law plain error sufficient evidence manifest weight of the evidence. The trial court committed plain error by imposing five years of mandatory postrelease control when appellant was subject to postrelease control for a period of up to five years, but not less than two years. The trial court committed plain error by imposing a no-contact order, which is a community-control sanction, because it sentenced appellant to a prison term and not community-control sanctions. The trial court committed plain error by not merging the aggravated burglary and burglary convictions at sentencing because they were committed with the same animus. The trial court did not commit plain error by not merging the aggravated burglary and domestic violence convictions because they were separate acts. The trial court did not commit plain error by sentencing appellant under the Reagan Tokes Act. This court has upheld the Act's constitutionality in the en banc decision State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.). Appellant's convictions are supported by sufficient evidence and are not against the manifest weight of the evidence.