State v. Perez

Citations

• 2023 Ohio 83

Syllabus

Breach of plea agreement plain error Reagan Tokes as applied to consecutive sentences and constitutionality R.C. 2929.144(B)(2). Where appellant failed to object to alleged breach of plea agreement before the trial court, he waives all but plain error. Further, when plain error is not raised before the court of appeals, the court is not required to address it. Trial court properly added indefinite sentences pursuant to R.C. 2929.144(B)(2) to each of appellant's cases. Had the legislature intended to include indefinite prison terms in separate cases when calculating consecutive sentences, it could have done so, but did not. Finally, appellant raises a constitutional challenge to the Reagan Tokes Law. However, we have found the law constitutional State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, and likewise await the Supreme Court's final determination.