[Cite as State v. Thomason, 2022-Ohio-3873.]

IN THE COURT OF APPEALS OF OHIO

THIRD APPELLATE DISTRICT

ALLEN COUNTY

STATE OF OHIO,

 PLAINTIFF-APPELLEE, CASE NO. 1-22-33

 v.

JOHNNY L. THOMASON, O P I N I O N

 DEFENDANT-APPELLANT.

Appeal from Allen County Common Pleas Court

Trial Court No. CR2021 0313

Judgment Affirmed

Date of Decision: October 31, 2022

APPEARANCES:

F. Stephen Chamberlain for Appellant

Jana E. Emerick for Appellee
Case No. 1-22-33

-2-

SHAW, J.

{¶1} Defendant-Appellant, Johnny L. Thomason (“Thomason”), appeals the 

April 29, 2022 judgment of the Allen County Court of Common Pleas challenging 

his indefinite sentence imposed under the Reagan Tokes Law.

Facts and Procedural History

{¶2} In October 2021, Thomason was charged in a ten-count indictment with 

various felony sex offenses. Pursuant to a negotiated plea agreement, Thomason

pleaded guilty to Count 3, rape, a first-degree felony; Count 5, gross sexual 

imposition, a fourth-degree felony; Count 6, gross sexual imposition, a fourthdegree felony; Count 9, importuning, a fifth-degree felony; and Count 10, 

disseminating matter harmful to juveniles, a fifth-degree felony. The remaining 

counts were dismissed. The trial court sentenced Thomason to a term of ten years 

(mandatory minimum) to fifteen years (maximum) on Count 3; fifteen months on 

both Count 5 and Count 6; twelve months on both Count 9 and Count 10, with all 

counts to be served consecutively, for a total indefinite sentence of fourteen years 

and six months to a maximum nineteen years and six months in prison. The trial 

court also imposed five years of mandatory post-release control and classified 

Thomason as a Tier III sex offender.
Case No. 1-22-33

-3-

{¶3} At sentencing, the trial court overruled a defense motion objecting to 

the imposition of an indefinite prison sentence under the Reagan Tokes Law on the 

grounds of unconstitutionality. Thomason now appeals from the trial court’s 

judgment, raising the following assignments of error for our review.

ASSIGNMENT OF ERROR NO. 1

The Reagan Tokes Law, 132 GA Senate Bill 201 is 

unconstitutional because it violates the separation-of-powers 

doctrine.

ASSIGNMENT OF ERROR NO. 2

The Reagan Tokes Law, 132 GA Senate Bill 201 is 

unconstitutional because it violates right to due process.

ASSIGNMENT OF ERROR NO. 3

The Reagan Tokes Law, 132 GA Senate Bill 201 is 

unconstitutional because it violates the constitutional right to a 

jury trial.

{¶4} In the three assignments of error, which we will address together, 

Thomason contends that the indefinite sentence of incarceration imposed on Count 

3 pursuant to the Reagan Tokes Law is unconstitutional as it violates the separationof-powers doctrine and violates his constitutional rights to due process and to a trial 

by jury.

{¶5} As this Court has noted in State v. Ball, 3d Dist. Allen No. 1-21-16, 

2022-Ohio-1549, challenges to the Reagan Tokes Law do not present a matter of 

first impression in this Court. Ball at ¶ 59. “Since the indefinite sentencing 
Case No. 1-22-33

-4-

provisions of the Reagan Tokes Law went into effect in March 2019, we have 

repeatedly been asked to address the constitutionality of these provisions. We have 

invariably concluded that the indefinite sentencing provisions of 

the Reagan Tokes Law do not facially violate the separation-of-powers doctrine or 

infringe on defendants’ due process rights.” Id. citing e.g., State v. Crawford, 3d 

Dist. Henry No. 7-20-05, 2021-Ohio-547, ¶ 10-11; State v. Hacker, 3d Dist. Logan 

No. 8-20-01, 2020-Ohio-5048, ¶ 22; State v. Wolfe, 3d Dist. Union No. 14-21-16, 

2022-Ohio-96, ¶ 21. Further, for the reasons stated in Ball, the remaining

constitutional issue under Reagan Tokes related to a jury trial is also unavailing. Id.

at ¶ 61-63.

{¶6} Thus, on the basis of Ball and our prior precedent, this Court finds no 

merit to Thomason’s contentions. The three assignments of error are overruled.

{¶7} The judgment of the Allen County Common Pleas Court is affirmed.

Judgment Affirmed

ZIMMERMAN, P.J. and MILLER, J., concur.

/jlr