State v. Dix
Citations
- 2022 Ohio 681
Syllabus
Sentencing R.C. 2929.12 R.C. 2929.11 recidivism and seriousness factors R.C. 2967.271 Reagan Tokes constitutionality Sixth Amendment separation of powers jury trial. A sentence is not contrary to law where it is in the statutory range and the trial court states that it considered all the appropriate statutory factors. Failure of the trial court to specifically cite R.C. 2929.12 is irrelevant where the court notes that it considered all the required statutory factors. Trial court did not fail to consider mitigating factor of the defendant only facilitating the crime when the statute considers such behavior to be more serious rather than mitigating. Based on our decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, defendant's constitutional challenges to the Reagan Tokes Law are overruled.
Judges: Groves
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