[Cite as State v. Dudas, 2022-Ohio-931.]

COURT OF APPEALS OF OHIO 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

STATE OF OHIO, : 

 Plaintiff-Appellee, : 

 No. 110573 

 v. : 

 

MICHAEL DUDAS, : 

 

 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-20-650250-A 

 

Appearances: 

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Anna Faraglia and Daniel T. Van, Assistant 

Prosecuting Attorneys, for appellee. 

Edward M. Heindel, for appellant. 

EILEEN A. GALLAGHER, J.: 

Defendant-appellant Michael Dudas pled guilty to one count of 

aggravated murder (an unclassified felony), one count of aggravated robbery (a firstdegree felony) and two counts of misuse of a credit card (a fifth-degree felony). The 

trial court imposed a sentence of 25 years to life on the aggravated murder count, an 
indefinite sentence of three to four-and-a-half years on the aggravated robbery 

count (to be served consecutively to the sentence on the aggravated murder count) 

and one year each on the misuse of a credit card counts (to be served concurrently 

to each other and concurrently with the sentences on the other counts). Dudas 

appeals his sentence on the aggravated robbery count, arguing that the indefinite 

sentence, imposed under the Reagan Tokes Law, is unconstitutional. He raises the 

following three assignments of error for review: 

Assignment of Error No. 1: The Reagan Tokes Act is unconstitutional 

because it violates the Due Process Clauses of the United States and 

Ohio Constitutions. 

Assignment of Error No. 2: The Reagan Tokes Act is unconstitutional 

because it violates the separation of powers doctrine embodied in the 

Ohio Constitution. 

Assignment of Error No. 3: The Reagan Tokes Act is unconstitutional 

because it violates the right to jury trial as guaranteed by the United 

States and Ohio Constitutions. 

The arguments presented in this case do not present novel issues or 

any new theory challenging the constitutional validity of any aspect of the Reagan 

Tokes Law left unaddressed by this court’s en banc decision in State v. Delvallie, 8th 

Dist. Cuyahoga No. 109315, 2022-Ohio-470. Accordingly, pursuant to Delvallie, we 

overrule Dudas’ assignments of error. 

Judgment affirmed. 

It is ordered that appellee recover from appellant the 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 

Cuyahoga County Court of Common Pleas to carry this judgment into execution. 

The defendant’s convictions having been affirmed, any bail pending appeal is 

terminated. 

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 

of the Rules of Appellate Procedure. 

 

EILEEN A. GALLAGHER, JUDGE 

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

LISA B. FORBES, J., CONCUR 

N.B. Judge Lisa B. Forbes is constrained to apply Delvallie. For a full explanation, 

see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470 (Forbes, J., 

dissenting).