[Cite as State v. McCarver, 2022-Ohio-813.]

COURT OF APPEALS OF OHIO 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

STATE OF OHIO, : 

 

 Plaintiff-Appellant, : 

 No. 110327 

 v. : 

 

ISIAH MCCARVER, : 

 

 Defendant-Appellee. : 

 

JOURNAL ENTRY AND OPINION 

JUDGMENT: REVERSED AND REMANDED

RELEASED AND JOURNALIZED: March 17, 2022 

 

Criminal Appeal from the Cuyahoga County Court of Common Pleas 

Case No. CR-20-650126-B 

 

Appearances: 

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, 

and Daniel Van, Assistant Prosecuting Attorney, for appellant. 

Cullen Sweeney, Cuyahoga County Public Defender, and Aaron 

T. Baker, Assistant Public Defender, for appellee. 

MICHELLE J. SHEEHAN, J.: 

Appellant, the state of Ohio, appeals from the trial court’s judgment 

imposing a definite sentence on defendant-appellee Isiah McCarver. The Reagan 

Tokes Law, as defined under R.C. 2901.011, went into effect on March 22, 2019, and 
it required the trial court to impose an indefinite sentence for McCarver’s offenses. 

In State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, this court 

considered the constitutionality of the Reagan Tokes Law en banc and the majority 

of the court found the law to be constitutional. Accordingly, the judgment of the 

trial court is reversed and the matter is remanded for resentencing. 

On January 7, 2021, McCarver pleaded guilty to voluntary 

manslaughter, a first-degree felony; two counts of felonious assault, a second-degree 

felony; and discharge of firearm on or near prohibited premises. Pursuant to the 

Reagan Tokes Law, the trial court should have imposed indefinite prison terms for 

these offenses. However, at the sentencing hearing, the trial court found the Reagan 

Tokes Law to be unconstitutional and instead sentenced McCarver to definite prison 

terms for his offenses for an aggregate sentence of ten years. 

The state objected to McCarver’s definite sentence and now appeals 

from the trial court’s judgment, arguing the trial court erred when it found the 

Reagan Tokes Law to be unconstitutional. 

R.C. 2953.08(B)(2) provides prosecutors with an appeal as a matter 

of right in felony cases on grounds that the sentence is contrary to law. See also 

State v. Underwood, 124 Ohio St.3d 365, 2010-Ohio-1, 922 N.E.2d 923, ¶ 21. (“Both 

the state and the defendant have an appeal as of right if a sentence is ‘contrary to 

law.’”). 

On appeal, the state raises one assignment of error and argues the 

trial court erred in finding the Reagan Tokes Law unconstitutional. McCarver 
argues the trial court was correct in finding the Reagan Tokes Law unconstitutional 

because the law violates a defendant’s right to a jury trial, due process, and 

separation of powers. Pursuant to Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-

Ohio-470, the trial court’s sentence is contrary to law. We therefore reverse the trial 

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

consistent with the provisions of the Reagan Tokes Law. 

This cause is reversed and remanded to the lower court for further 

proceedings consistent with this opinion. 

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. 

____________________________

MICHELLE J. SHEEHAN, JUDGE

SEAN C. GALLAGHER, A.J., and

ANITA LASTER MAYS, J., CONCUR

N.B. 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, J., concurring in part and dissenting in 

part).