State v. Milton , 2022 Ohio 4393 ( 2022 )

[Cite as State v. Milton, 2022-Ohio-4393.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 111460
v. :
ALEXANDER J. MILTON, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: December 8, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-654570-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Anna Faraglia, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
Aaron T. Baker, Assistant Public Defender, for appellant.
KATHLEEN ANN KEOUGH, P.J.:
Defendant-appellant, Alexander Milton, appeals his indefinite felony
sentence imposed under the Reagan Tokes Law, as enacted through S.B. 201. We
affirm.
Milton pled guilty to involuntary manslaughter in violation of
R.C. 2903.04(A), a qualifying felony of the first degree, with a 54-month firearm
specification, and two third-degree felonies — tampering with evidence in violation
of R.C. 2921.12(A)(1) and having weapons while under disability in violation of
R.C. 2923.13(A)(2). At the plea hearing, Milton confirmed to the trial court that he
understood he would be sentenced to an indefinite term of imprisonment regarding
the involuntary manslaughter count.
At sentencing, the court imposed an indefinite prison term pursuant
to the Reagan Tokes Law of 8 to 12 years on the involuntary manslaughter charge
and a mandatory 54-month term on the accompanying firearm specification, and
concurrent terms of 18 months on the third-degree felonies, to be served consecutive
to the prison term on the involuntary manslaughter charge, for a minimum prison
term of 14 years and a maximum term of 18 years. Trial counsel objected on
constitutional grounds to the imposition of any Reagan Tokes sentence.
In his single assignment of error, Milton contends that “the trial court
erred when it found S.B. 201 to be constitutional and imposed an indefinite sentence
pursuant to S.B. 201.” He contends that the Reagan Tokes Law is unconstitutional
because it violates his constitutional right to a jury trial, the separation-of-powers
doctrine, and his due process rights.
Milton’s arguments are identical to those presented and overruled in
the en banc proceedings in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-
Ohio-470, wherein this court determined that the Reagan Tokes Law is
constitutional and enforceable. Accordingly, Milton’s challenges to the law are
likewise overruled. The indefinite sentence imposed by the trial court under the
Reagan Tokes Law was not a violation of Milton’s constitutional rights and his
convictions are affirmed.
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. The defendant’s
conviction having been affirmed, any bail pending 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.
KATHLEEN ANN KEOUGH, PRESIDING JUDGE
MARY EILEEN KILBANE, J., and
LISA B. FORBES, 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.
Lisa B. Forbes is constrained to apply Delvallie. For a full explanation, see Delvallie
(Forbes, J., dissenting).