State v. Kelly

Citations

• 2022 Ohio 3628

Syllabus

REAGAN TOKES LAW — R.C. 2967.217(B) NOTICE REQUIREMENTS —COUNSEL — SIERAH'S LAW — R.C. 2903.42(A)(2)(a) — GUILTY PLEA: The trial court did not err by sentencing defendant under the Reagan Tokes Law as this court previously held that the law is facially constitutional in State v. Guyton, 1st Dist. Hamilton No. C-190657, 2022-Ohio-2962. The trial court failed to comply with the R.C. 2929.19(B)(2)(c) notification requirements during sentencing, and, therefore, the cause must be remanded for the trial court to provide the notifications. Defendant received the effective assistance of counsel where the indictment reflected that there was no coconspirator charged therefore, defendant's argument that the coconspirator was the principal fails because defendant was the sole person indicted and convicted of conspiracy to commit murder, and the record does not support that a challenge to the violent-offender-database registration requirement would have been successful.