State v. Dames

Citations

• 2020 Ohio 4991

Syllabus

Reagan Tokes sentencing constitutionality Ohio Department of Rehabilitation and Correction R.C. 2967.271(C) failure to object forfeiture plain error. This is a challenge to the constitutionality of the Reagan Tokes Act. The appellant did not object at the trial-court level nor provide us with any plain error arguments. We have the discretion to review a challenge to the constitutionality of a statute even if the appellant does not object or argue plain error, but we declined to exercise it here for three reasons. First, we presume constitutionality of statutes and the Twelfth District has found Reagan Tokes to be constitutional. Second, the lower court did not have an opportunity to rule on the constitutionality of the statute so this record is not developed. Third, Dames failed to raise any plain error argument for us to review.