State v. Hatchell

Citations

• 2023 Ohio 3713

Syllabus

Reagan Tokes statutory advisements R.C. 2929.19(B)(2)(c) Reagan Tokes Law S.B. 201 constitutional indefinite sentence contrary to law remand presentence motion to withdraw guilty plea hybrid representation change of heart unlawful sentences Crim.R. 11(C) felony of the third degree R.C. 2929.14(A)(3) prejudice. During the sentencing hearing, the trial court did not fully advise appellant on the Reagan Tokes statutory advisements pursuant to R.C. 2929.19(B)(2)(c). Absent the full statutory advisements, the proper remedy is to remand the case for the limited purpose of providing appellant with the required statutory notifications. Similarly, the case is remanded for resentencing on the abduction and having weapons while under disability convictions because the trial court imposed sentences that exceeded R.C. 2929.14(A)(3) and, therefore, were contrary to the law. The trial court's imposition of an indefinite sentence pursuant to the Reagan Tokes Law was not a violation of appellant's constitutional rights. Further, the trial court did not abuse its discretion when it denied appellant's presentence motion to withdraw his guilty plea. The trial court's plea hearing complied with Crim.R. 11.