State v. Cleveland ( 2023 )

[Cite as State v. Cleveland, 2023-Ohio-719.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 111890
v. :
JEFFERY CLEVELAND, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 9, 2023
Criminal Appeal from the Cuyahoga County Common Pleas Court
Case No. CR-21-664057-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Kristin Karkutt, Assistant Prosecuting
Attorney, for appellee.
Russell S. Bensing, for appellant.
ANITA LASTER MAYS, A.J.:
Defendant-appellant Jeffery Cleveland (“Cleveland”) appeals the trial
court’s journal entry sentencing him to an indefinite prison term pursuant to the
Reagan Tokes Law (“Reagan Tokes Law”). After reviewing the facts of the case and
pertinent law, we affirm.
Cleveland pleaded guilty to one count of involuntary manslaughter,
in violation of R.C. 2903.04(A), with a three-year firearm specification; and one
count of felonious assault, a second-degree felony, in violation of R.C. 2903.11(A)(1).
Cleveland was sentenced on the involuntary manslaughter count to 11 years
imprisonment with an indefinite maximum term of 16.5 years. The three-year
firearm specification on Count 1 was ordered to be served prior and consecutive to
the 11 years. Cleveland also received five years’ imprisonment on the felonious
assault count, to be served consecutively to the other prison terms. The trial court
sentenced Cleveland to a total prison sentence of 19 to 24.5 years, subject to the
Reagan Tokes Law indefinite sentencing scheme.
Cleveland filed this appeal assigning one error for our review:
I. The modifications to sentencing for first- and second-degree
felonies made by the Reagan-Tokes Act violate the Defendant’s
right to jury trial, as protected by the Fifth and Fourteenth
Amendments to the United States Constitution, and the
separation of powers doctrine embedded in the Ohio
Constitution.
I. Law and Analysis
In Cleveland’s sole assignment of error, he argues that his sentence
violates his right to a jury trial and the separation-of-powers doctrine, thereby
violating his constitutional rights.
Cleveland’s assignment of error is overruled pursuant to this court’s
en banc decision in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.).
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.
______________________________________
ANITA LASTER MAYS, ADMINISTRATIVE JUDGE
LISA B. FORBES, J., and
EMANUELLA D. GROVES, J., CONCUR
N.B. Administrative Judge Anita Laster Mays is constrained to apply Delvallie’s en
banc decision. For a full explanation of her analysis, see State v. Delvallie, 2022-
Ohio-470, 185 N.E.3d 536 (8th Dist.) (Laster Mays, J., concurring in part and
dissenting in part).
Judge Lisa B. Forbes is constrained to apply Delvallie. For a full explanation, see
State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.) (Forbes, J.,
dissenting).
Judge Emanuella D. Groves concurred with the opinions of Judge Lisa B. Forbes
(dissenting) and Judge Anita Laster Mays (concurring in part and dissenting
in part) in Delvallie and would have found the Reagan Tokes Law unconstitutional.