State v. Diamond

Citations

• 2024 Ohio 473

Syllabus

Reagan Tokes Law indefinite sentences R.C. 2929.14(A)(2)(a) R.C. 2929.144(B) constitutional separation-of-powers doctrine due process right to a jury trial R.C. 2929.14(C)(4) consecutive-sentence findings clearly and convincingly unsupported by the record. Trial court erred in failing to impose indefinite sentences on qualifying second-degree felonies that were subject to the Reagan Tokes Law. Defendant did not present any novel issues or new theory challenging the constitutional validity of any aspect of the Reagan Tokes Law left unaddressed by the Ohio Supreme Court's decision in State v. Hacker, Slip Opinion No. 2023-Ohio-2535. The record did not clearly and convincingly fail to support the trial court's findings in support of the imposition of consecutive sentences.