State v. Roberson

Citations

• 2021 Ohio 3705

Syllabus

The trial court did not err in holding a bench trial where appellant waived his right to a jury trial in compliance with the requirements of R.C. 2945.05. Appellant's conviction for aggravated robbery with a firearm specification was not against the manifest weight of the evidence where circumstantial evidence established him as one of the perpetrators of the hotel robbery. Appellant forfeited his constitutional challenge to the Reagan Tokes Law, specifically R.C. 2967.271, by not first raising the issue with the trial court. Trial counsel's failure to challenge the constitutionality of Reagan Tokes Law did not amount to ineffective assistance of counsel. The trial court's failure to provide appellant with the necessary notifications required by R.C. 2929.19(B)(2)(c) regarding the indefinite nature of his sentence resulted in reversible error and the matter was remanded for resentencing on this limited issue.