State v. Smith

Citations

• 2022 Ohio 3629

Syllabus

REAGAN TOKES LAW – SENTENCING – RIPENESS – CONSTITUTIONAL LAW/CRIMINAL – RIGHT TO TRIAL BY JURY: Constitutional challenges to the Reagan Tokes Law are ripe for review on direct appeal. The Reagan Tokes Law does not violate the separation-of-powers doctrine or substantive- and procedural-due-process rights. Where the provisions of the Reagan Tokes Law do not allow the Ohio Department of Rehabilitation and Correction to increase an offender's penalty based upon facts not found by a jury, the law does not violate the right to a trial by jury guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article 1, Section 5 of the Ohio Constitution.