[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 oneyear 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).