State v. Debose

Citations

• 2022 Ohio 837

Syllabus

Reagan Tokes Law constitutional challenges indefinite sentence plain error ineffective assistance of counsel R.C. 2925.03(D)(1) R.C. 2929.18(B)(1) R.C. 2929.19(B)(5) mandatory fine affidavit of indigency mitigating facts and circumstances. Where defendant failed to challenge the constitutionality of Reagan Tokes Law below and failed to present a plain error argument on appeal, appellate court could decline to consider defendant's constitutional challenges to the Reagan Tokes Law. Defendant was not denied effective assistance of counsel based on trial counsel's failure to challenge the constitutionality of the Reagan Tokes Law. Defendant did not show that there was a reasonable probability that, but for, his trial counsel's failure to challenge the constitutionality of the Reagan Tokes Law, the result would have been different. Defendant was not denied effective assistance of counsel based on trial counsel's failure to file an affidavit of indigency, failure to request waiver of mandatory fine, or failure to present mitigating facts and circumstances at sentencing hearing. There was nothing in the record to suggest a reasonable probability existed that trial court would have found defendant indigent if an affidavit of indigency had been filed and trial counsel had requested waiver of the mandatory fine or that trial court would have imposed a lesser sentence if it had had more information about any of the alleged mitigating facts or circumstances.