State v. Hawkins

Citations

• 202 N.E.3d 773
• 2022 Ohio 4288

Syllabus

Plain error R.C. 2941.25 allied offenses of similar import murder aggravated burglary Reagan Tokes Law indefinite sentencing provisions right to trial by jury separation of powers due process. Trial court did not commit plain error in failing to merge defendant's murder and aggravated burglary offenses for sentencing where defendant failed to show — based on the record — a reasonable probability that his convictions were for allied offenses of similar import committed with the same conduct and without a separate animus. Defendant's constitutional challenges to the Reagan Tokes Law are overruled pursuant to the en banc decision in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.).