State v. Williams ( 2023 )

[Cite as State v. Williams, 2023-Ohio-376.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 111583
v. :
DAISHIA WILLIAMS, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: February 9, 2023
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-652478-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Mallory Buelow, Assistant Prosecuting
Attorney, for appellee.
Allison S. Breneman, for appellant.
MICHELLE J. SHEEHAN, P.J.:
Defendant-appellant Daishia Williams appeals the prison sentence
imposed by the trial court after she pleaded guilty to felonious assault. She claims
the trial court violated her constitutional rights by sentencing her under the Reagan
Tokes Law. Specifically, she argues the new sentencing law violates her right to a
jury trial and due process, and also violates the doctrine of separation of powers. In
State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.) (en banc), this court
addressed and overruled these claims. Accordingly, we affirm Williams’s sentence.
The record in this case indicates Williams struck the victim with her
vehicle, causing the victim to suffer injuries that resulted in surgery. Williams
pleaded guilty to felonious assault as defined in R.C. 2903.11(A)(1), a felony of the
second degree. The trial court sentenced her to an indefinite sentence of three to
four-and-a-half years pursuant to the Reagan Tokes Law.
In Delvallie, supra, this court sitting en banc found the Reagan Tokes
Law constitutional and overruled the arguments Williams presents in this appeal.
The trial court’s imposition of an indefinite sentence was proper. Williams’s sole
assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution. The defendant’s
conviction having been affirmed, any bail pending appeal is terminated. Case
remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
___________________________________
MICHELLE J. SHEEHAN, PRESIDING JUDGE
EILEEN T. GALLAGHER, J., and
SEAN C. GALLAGHER, J., CONCUR
N.B. Judge Eileen T. Gallagher joined the dissent by Judge Lisa B. Forbes in
Delvallie and would have found that R.C. 2967.271(C) and (D) of the Reagan Tokes
Law are unconstitutional.