State v. Peterson

Citations

• 2022 Ohio 835

Syllabus

Reagan Tokes Law constitutional challenges indefinite sentence R.C 2967.271 multiple firearm specifications R.C. 2929.14(B)(1)(b) R.C. 2929.14(B)(1)(g) municipal court complaint grand jury indictment Crim.R. 36 clerical mistakes nunc pro tunc entry. Pursuant to the en banc decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, appellant's constitutional challenges to the Reagan Tokes Law are overruled. Trial court properly imposed consecutive sentences on 54-month firearm specifications on counts for aggravated robbery and having weapons while under disability pursuant R.C. 2929.14(B)(1)(g). Where defendant was subsequently indicted by a grand jury, he was not denied due process based on purported defects in municipal court complaint. Trial court incorrectly computed defendant's aggregate sentence, imposing an aggregate prison term of 39 to 41.5 years, instead of an aggregate term of 39 to 40.5 years. Case remanded for trial court to issue a nunc pro tunc entry to correct clerical errors in sentencing journal entry to reflect sentences actually imposed at sentencing hearing.