State v. Ransom ( 2022 )

[Cite as State v. Ransom, 2022-Ohio-1060.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110271
v. :
JAQUAN RANSOM, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 31, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-19-640250-E
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Kevin R. Filiatraut, Assistant Prosecuting
Attorney, for appellee.
Joseph V. Pagano, for appellant.
LISA B. FORBES, J.:
I. Facts and Procedural History
On January 6, 2020, Jaquan Ransom (“Ransom”) pled guilty to:
involuntary manslaughter, a first-degree felony, in violation of R.C. 2903.04 with a
three-year firearm specification; aggravated robbery, a first-degree felony, in
violation of R.C. 2911.01(A)(3) with firearm specifications; felonious assault, a
second-degree felony, in violation of R.C. 2903.11(A)(2) with firearm specifications;
felonious assault, a second-degree felony, in violation of R.C. 2903.11(A)(1); and
having weapons while under disability, a third-degree felony, in violation of
R.C. 2923.13(A)(2) with firearms specifications. On January 6, 2021, the court
sentenced Ransom to a minimum of 30 and a maximum of 35 years in prison.
It is from this sentence that Ransom appeals, arguing that the Reagan
Tokes Law is unconstitutional because it violates the right to trial by jury, the
separation-of-powers doctrine, and the right to due process.
II. Law and Analysis
Ransom’s assignment of error is overruled pursuant to this court’s en
banc decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470.
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.
LISA B. FORBES, JUDGE
EILEEN A. GALLAGHER, P.J., and
MARY EILEEN KILBANE, J., CONCUR
N.B. The author of this opinion is constrained to apply Delvallie. For a full
explanation, see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470(Forbes, J., dissenting).
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.