State v. Evans

Citations

• 2023 Ohio 4416

Syllabus

Reagan Tokes Law nunc pro tunc entry. In July 2023, the Ohio Supreme Court issued its decision in State v. Hacker, Slip Opinion No. 2023-Ohio-2535, finding the Reagan Tokes Law constitutional and determining the law does not violate the separation-of-powers doctrine, the right to a jury trial, and the right to due process. The arguments presented in this case do not present novel issues or any new theory challenging the constitutional validity of any aspect of the Reagan Tokes Law left unaddressed by the Ohio Supreme Court's decision in Hacker. Accordingly, pursuant to Hacker, appellant's challenge to the constitutionality of the Reagan Tokes Law is without merit. Issuing a nunc pro tunc entry to impose an indefinite sentence under the Reagan Tokes Law not imposed at the sentencing hearing is improper. The trial court's nunc pro tunc entry is vacated and the matter is remanded for resentencing.