[Cite as State v. Dotson, 2023-Ohio-821.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellant, :

No. 111880

v. :

DAVID DOTSON, :

Defendant-Appellee. :

JOURNAL ENTRY AND OPINION

JUDGMENT: REVERSED AND REMANDED

RELEASED AND JOURNALIZED: March 16, 2023

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR-22-669100-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Daniel T. Van, Assistant Prosecuting 

Attorney, for appellant. 

Cullen Sweeney, Cuyahoga County Public Defender, and 

Erika B. Cunliffe, Assistant Public Defender, for appellee.

MICHAEL JOHN RYAN, P.J.:

Plaintiff-appellant state of Ohio (“the state”) appeals from the trial 

court’s judgment that found S.B. 201, the Reagan Tokes Law, unconstitutional and 

thus the trial court did not sentence defendant-appellee David Dotson accordingly. 
Pursuant to this court’s en banc decision in State v. Delvallie, 2022-Ohio-470, 185 

N.E.3d 538 (8th Dist.), finding the Reagan Tokes Law constitutional, we reverse the 

trial court’s judgment and remand the matter for resentencing. 

Dotson entered a guilty plea to felonious assault and having weapons 

while under disability. The trial court sentenced Dotson to a definite sentence of 

three years for felonious assault to run concurrent to 24 months for having weapons 

while under disability. The trial court’s journal entry noted that the “court 

determined the provisions of S.B. 201 to be unconstitutional as to Count 1”

(felonious assault).

The state timely appealed, assigning a single error for our review: 

“The trial court plainly erred when it found S.B. 201 to be unconstitutional and did 

not impose an indefinite sentence pursuant to S.B. 201.”

Pursuant to R.C. 2953.08(B)(2), the state has the right to appeal a 

sentence that is contrary to law. “A sentence that fails to impose a mandatory 

provision is contrary to law.” State v. Potter, 8th Dist. Cuyahoga No. 111782, 2023-

Ohio-534, ¶ 4, citing State v. Underwood, 124 Ohio St.3d 365, 2010-Ohio-1, 922 

N.E.2d 923, ¶ 21. In Delvallie, this court held that the Reagan Tokes Law is 

constitutional and overruled the same arguments that Dotson has raised in his 

appeal. Dotson concedes as much in his brief but maintains that Delvallie was 

incorrectly decided. 
Because the trial court failed to impose an indefinite sentence on 

Dotson’s qualifying offense in accordance with the Reagan Tokes Law, the sentence 

was contrary to law. The state’s sole assignment of error is sustained. 

The trial court’s judgment was contrary to law because it failed to 

sentence Dotson in accordance with the Reagan Tokes Law, which this court found 

constitutional in Delvallie. The trial court’s judgment is reversed, and the matter is 

remanded for resentencing in accordance with the Reagan Tokes Law. 

It is ordered that appellant recover of appellee 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.

________________________

MICHAEL JOHN RYAN, JUDGE

FRANK DANIEL CELEBREZZE, III, P.J., and

EILEEN A. GALLAGHER, J., CONCUR