State v. Young

[Cite as State v. Young, 2022-Ohio-799.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 109639
v. :
ISAIAH YOUNG, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 17, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-19-643803-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Yasmine M. Hasan, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender and
John T. Martin, Assistant Public Defender, for appellant.
MICHELLE J. SHEEHAN, J.:
Appellant Isaiah Young appeals the indefinite sentence imposed upon
his conviction for kidnapping, a qualifying offense under the Reagan Tokes Law.
Because we have addressed and overruled Young’s arguments brought in this appeal
in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470 (en banc), we
affirm the judgment of the trial court.
On February 27, 2020, Young appeared before the trial court for a
sentencing hearing. He previously entered into a plea bargain with the state of Ohio,
entering pleas to six felony charges, including aggravated burglary, aggravated
robbery, felonious assault, and kidnapping. These crimes are all qualifying felony
offenses under the Reagan Tokes Law and subjected Young to receiving an indefinite
prison sentence.
Prior to the imposition of sentence, Young objected to the Reagan
Tokes Law, arguing that it was unconstitutional. The trial court overruled his
objection and imposed an aggregate sentence of 9 to 13½ years, which comprised of
a sentence of 6 years in prison for one count of aggravated burglary, 7 years in prison
for one count of aggravated robbery, 5 years in prison for each of the three counts of
felonious assault, and 9 to 13½ years for one count of kidnapping. The trial court
ordered all the counts to run concurrently for an aggregate sentence of 9 to 13½
years imprisonment.
Young’s sole assignment of error reads, “As amended by the Reagan
Tokes Act, the revised code’s sentences for first- and second-degree qualifying
felonies violates the constitutions of the United States and the State of Ohio.” Young
specifically argues that the Reagan Tokes Law violates 1) his constitutional right to
trial by jury, 2) the constitutional separation-of-powers doctrine, and 3) the
constitutional right to due process. He makes no other argument as to the propriety
of his sentence. In State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-
470, this court overruled the same arguments Young brings in this appeal. The 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, JUDGE
MARY J. BOYLE, P.J., and
LISA B. FORBES, J., CONCUR
N.B. Judge Lisa B. Forbes is constrained to apply Delvallie. For a full explanation,
see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470 (Forbes, J.,
dissenting).