State v. Perry

[Cite as State v. Perry, 2022-Ohio-944.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110414
v. :
DEONTRA PERRY, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 24, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-20-651752-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Alicia Harrison, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
Paul A. Kuzmins, Assistant Public Defender, for appellee.
LISA B. FORBES, J.:
I. Facts and Procedural History
On March 2, 2021, Deontra Perry (“Perry”) pled guilty to felonious
assault, a felony of the second degree in violation of R.C. 2903.11(A)(2) with a one-
year firearm specification; discharge of a firearm on or near prohibited premises, a
felony of the third degree in violation of R.C. 2923.162(A)(3); and having weapons
while under disability, a felony of the third degree in violation of R.C. 2923.13(A)(2).
On the same day, the trial court sentenced Perry to one year in prison
for the firearm specification, four to six years in prison, under the Reagan Tokes
Law, for the felonious assault, 36 months in prison for the discharge of a firearm on
or near a prohibited premises, and 36 months in prison for the having weapons
while under disability. The one-year prison term for the firearm specification was
ordered to be served prior to and consecutively to all other charges, which were
ordered to be served concurrently.
It is from this sentence that Perry 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. Conclusion
Perry’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
ANITA LASTER MAYS, P.J., and
EILEEN T. GALLAGHER, 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 Eileen T. Gallagher joined the dissent by Judge Lisa B. Forbes in Delvallie
and would have found that R.C. 2967.271(C) and (D) of the Reagan Tokes Law are
unconstitutional.
Judge Anita Laster Mays is constrained to apply Delvallie’s en banc decision. For
a full explanation of her analysis, see State v. Delvallie, 8th Dist. Cuyahoga
No. 109315, 2022-Ohio-470 (Laster Mays, P.J., concurring in part and dissenting
in part).