[Cite as State v. Jones , 2023

- Ohio

- 1482.] COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO , :

Plaintiff

- Appell ee , : No. 111991
v. :

SEAN M. JONES , :

Defendant

- Appell ant

. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: May 4 , 2023

C riminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR

- 21

- 664039

- A

Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney , and Michael Timms , Assistan t Prosecuting Attorney, for a

ppell ee

. Cullen Sweeney , Cuyahoga County Public Defender, and Aaron T. Baker, Assistant Public Defender, for a ppell ant

.

SEAN C. GALLAGHER , J.:

Appellant Sean M. Jones appeals the trial court’s imposition of an indefinite sentence pursuant to S.B. 201, commonly referred to as the Reagan TokesLaw. He brings this appeal challeng ing the constitutionality of the Reagan Tokes

Law

.
Jones was charged under a s even
- count indictment. He entered a guilty plea to Count 1 , as amended, burglary, a felony of the second degree, in
violation of R.C. 2911.12(A)(1); Count 2, vandalism, a felony of the fifth degree, in
violation of R.C. 2909.05(A); and Counts 3 and 4, aggravated menacing,

misdemeanor s of the first degree, in violation of R.C. 2903.21(A). The remaining

counts were nolled.

At sentencing, the trial court imposed a suspended sentence and
placed Jones on four years of community control on each count. Over objection, the

trial court sent enced Jones on Count 1 in accordance with the Reagan Tokes Law to

a five

- year stated minimum term of imprisonment with a maximum term of seven
and a half years. The trial court also sentenced Jones on Count 2 to a concurrent
prison term of one year , and o n Counts 3 and 4 to time served.

Under his sole assignment of error, Jones contends that the trial court

erred when it found the Reagan Tokes Law to be constitutional and sentenced him

to an indefinite sentence pursuant to S.B. 201. He claims that the Rea gan Tokes L aw violates constitutional guarantees of the right to a trial by jury, the separation

- of

powers doctrine, and due process

. He acknowledges that the same arguments
challenging the constitutionality of the Reagan Tokes Law were rejected by this

c ourt ’ s en banc decision in State v. Delvallie , 2022

- Ohio

- 470, 185 N.E.3d 536, ¶ 17

- 51 (8th Dist.) . I nasmuch as Jones has limited his constitutional challenge to theissues resolved in Delvallie and seeks to preserve his challenge for further review,

we su mmarily overrule the assignment of error and affirm the judgment of

conviction

. 1 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 mand ate 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.

______________________ SEAN C. GALLAGHER , JUDGE

MICHELLE J. SHEEHAN , P. J ., and EMANUELLA D. GROVES, J. , CONCUR

N.B. Judge Emanuella D. Groves concurred with the opinions of Judge Lisa B. Forbes (dissenting) and Administrative Judge Anita Laster Mays (concurring in part and dissenting in part) in Delvallie and would have found the Reagan Tokes Law unconstitutional.

1 We note that no other issue has been raised as to the imposed sentence; therefore, any determination as to the validity of the sentence is beyond the scope of this direct appeal. State v. Harper , 160 Ohio St.3d 480, 2020

- Ohio

- 2913, 159 N.E.3d 2 48, ¶ 26; State v. Henderson , 161 Ohio St.3d 285, 2020

- Ohio

- 4784, 162 N.E.3d 776, ¶ 27.