State v. Dotson ( 2023 )

[Cite as State v. Dotson, 2023-Ohio-533.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 111719
v. :
CARLOS DOTSON, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: February 23, 2023
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-22-653422
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Gregory Paul, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
Francis Cavallo, Assistant Public Defender, for appellant.
MARY EILEEN KILBANE, J.:
Defendant-appellant Carlos Dotson (“Dotson”), raising a single
assignment of error, argues that the Reagan Tokes Law is unconstitutional and,
therefore, his sentence imposed under that law is invalid. For the following reasons,
we find the Reagan Tokes Law is constitutional and affirm the lower court’s ruling.
Factual and Procedural History
On October 21, 2020, in Cuyahoga C.P. No. CR-20-653422-B, a
Cuyahoga County Grand Jury indicted Dotson on Count 1, aggravated murder in
violation of R.C. 2903.01(A); Count 2, murder in violation of R.C. 2903.02(B); and
Count 3, felonious assault in violation of R.C. 2903.11(A)(1). Counts 1, 2, and 3
included one- and three-year firearm specifications. The charges arose from an
incident on September 23, 2020, that resulted in the death of Freddie Edwards. On
October 30, 2020, Dotson pleaded not guilty to the indictment.
On May 9, 2022, Dotson withdrew his prior pleas and pleaded guilty
to amended Count 1, involuntary manslaughter, a felony of the first degree in
violation of R.C. 2903.04(A) with a three-year firearm specification and amended
Count 3, felonious assault, a felony of the second degree in violation of R.C.
2903.11(A)(1), with a three-year firearm specification. The court nolled Count 2.
The trial court advised Dotson of the implications of the Reagan Tokes Law and
referred him for a presentence investigation and report.
On June 14, 2022, the trial court held a sentencing hearing. On
amended Count 1, the court ordered Dotson to serve three years on the firearm
specification to run prior to and consecutive to a seven-year sentence on the
involuntary manslaughter charge. On amended Count 3, the court sentenced
Dotson to serve three years on the firearm specification to run prior to and
consecutive to a minimum seven-year sentence on the felonious assault charge. The
court ordered the sentences on Counts 1 and 3 to run consecutive to one another.
Pursuant to the Reagan Tokes Law, the court imposed a minimum sentence of 14
years and a maximum sentence of 17 ½ years on Counts 1 and 3, and a total stated
prison term of 20 to 23 ½ years. The court also imposed postrelease control. On
July 11, 2022, Dotson filed an appeal presenting a single assignment of error for our
review:
Assignment of Error I: As amended by The Reagan Tokes Act, the
Revised Code’s sentences for first- and second-degree qualifying
felonies violate the Constitutions of the United States and the State of
Ohio.
Legal Analysis
In his sole assignment of error, Dotson argues that the Reagan Tokes
Law is unconstitutional and, therefore, his sentence imposed under that law is
invalid. Specifically, Dotson argues that his indefinite sentence under the Reagan
Tokes Law, enacted under S.B. 201 and R.C. 2901.011, is unconstitutional because it
violates his constitutional right to a jury trial, the separation-of-powers doctrine,
and his due process rights.
This court’s en banc decision in State v. Delvallie, 2022-Ohio-470,
185 N.E.3d 536 (8th Dist.), overruled Dotson’s challenges to S.B. 201 that are
presented in this appeal. Therefore, we are constrained to follow Delvallie, and as
such, find that the Reagan Tokes Law is constitutional. We must find that Dotson’s
sentence pursuant to the Reagan Tokes Law was not a violation of his constitutional
rights and, therefore, his assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover from 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.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
_________________________
MARY EILEEN KILBANE, JUDGE
FRANK DANIEL CELEBREZZE, III, P.J., and
KATHLEEN ANN KEOUGH, J., CONCUR
N.B. Judge Mary Eileen Kilbane joined the dissenting opinion by Judge Lisa B.
Forbes and the concurring in part and dissenting in part opinion by Judge Anita
Laster Mays in Delvallie and would have found the Reagan Tokes Law
unconstitutional.