State v. Savage

Citations

• 199 N.E.3d 144
• 2022 Ohio 3653

Syllabus

RAPE — KIDNAPPING — ALLIED OFFENSES — CRIM.R. 11— R.C. 2929.19 — NOTICE REQUIREMENTS — R.C. 2929.11 — R.C 2929.12 — PURPOSES AND PRINCIPLES OF SENTENCING — REAGAN TOKES LAW: Defendant's offenses of rape and kidnapping were not allied as the act of dragging the victim into the alley to rape her exposed her to the risk of additional harm. The trial court's failure to inform defendant of the rebuttable presumption of release under R.C. 2929.19(B)(2)(c) was harmless error as it strictly complied with Crim.R. 11(C)(2)(c) and substantially complied with Crim.R. 11(C)(2)(a)-(b). The trial court properly considered the purposes and principles of sentencing under R.C. 2929.11(A)-(B) and 2929.12 and did not err in finding that defendant entered his pleas voluntarily, knowingly, and intelligently. The trial court did not err by sentencing defendant pursuant to 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 [But see DISSENT: The Reagan Tokes Law is unconstitutional because it violates the fundamental requirements of procedural due process.].