State v. Thompson

Citations

• 2021 Ohio 4027

Syllabus

Appellant was sentenced under the Reagan Tokes Act to an indefinite sentence of 10 to 15 years for rape. He failed to establish that the Act violates the separation of powers doctrine, due process, or the right to a trial by jury. In other words, he failed to establish that the Reagan Tokes Act is facially unconstitutional. However, since the trial court failed to notify appellant at sentencing about the rebuttable presumption that he will be released after serving the minimum term of 10 years, as required by R.C. 2929.19(B)(2)(c), his sentence is contrary to law. Judgment affirmed in part, reversed in part, and remanded to the trial court for the sole purpose of resentencing appellant pursuant to R.C. 2929.19(B)(2)(c).