State v. Cook

Citations

• 2025 Ohio 2776

Syllabus

Agreed-upon sentence; consecutive sentences; R.C. 2953.08(D)(1); subject to review; Crim.R. 32(C); App.R. 16(A)(7); Reagan Tokes notifications; R.C. 2929.19(B)(2)(c); invited error; postrelease control notifications; constitutionality of the Reagan Tokes Law. Pursuant to a plea agreement, the parties entered into an agreed-upon sentencing range. The trial court imposed a sentence that fell within the agreed-upon range. As such, the sentence is not subject to review pursuant to R.C. 2953.08(D)(1). Appellant claims the trial court's sentencing entry was insufficient since it failed to note that certain firearm specifications were dismissed as a result of the plea agreement. He presents no authority in support of his premise that the sentencing entry must include details of the plea agreement as required by App.R. (16)(A)(7). We decline to address his assignment of error. Even if we were to address his assignment of error, it would not be successful. Crim.R. 32(C) no longer requires the sentencing entry to include the manner of conviction. The trial court failed to advise the defendant of the Reagan Tokes notifications at the sentencing hearing as required under R.C. 2929.19(B)(2)(c). However, the trial court did fully advise the defendant of these provisions at the plea hearing. Defense counsel advised the trial court that the notifications at the plea hearing were sufficient and did not need to be repeated at the sentencing hearing. As such, the trial court's failure to repeat these notifications at the sentencing hearing, if error, was invited. When notifying the defendant of postrelease control at sentencing, the trial court failed to notify the defendant of the consequences he may face if he violated postrelease control. As a result, the trial court's notice of postrelease control is insufficient and the case is remanded back to the trial court for a limited resentencing hearing to properly notify the defendant of postrelease control. The defendant concedes that i