State v. Perry

Citations

• 2022 Ohio 3056

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – SEPARATION OF POWERS – SENTENCING – R.C. 2903.41 – VIOLENT- OFFENDER CLASSIFICATION: The trial court erred by classifying defendant as a violent offender and telling him he would be required to register with Ohio's Violent Offender Database upon his release from prison because felonious assault, the offense for which defendant was convicted, is not a predicate offense listed in R.C. 2903.41. Defendant cannot demonstrate that the indefinite sentencing scheme embodied in the Reagan Tokes Law is unconstitutional on its face because the law does not violate the separation-of-powers doctrine. See State v. Guyton, 1st Dist. Hamilton No. C-190657, 2022-Ohio-2962.