[Cite as State v. Bradley , 2022
- Ohio
- 1075.] COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO , :

Plaintiff

- Appell ee , : No. 1 10882 v. : JOHN BRADLEY, JR. , :

Defendant

- Appell ant

. :

JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: March 31, 2022

C riminal Appeal from the Cuyahoga County Court of Common Pleas Case No s . CR

- 2 1
- 6 55788

- A , CR

- 21
- 657513

- A , CR

- 21
- 657961

- A and CR

- 21
- 658136

- A
Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney , and Tasha L. Forchione , Assistant Prosecuting Attorney , for a

ppellee

. Daniel J. Misiewicz , for a p pellant

. EILEEN A. GALLAGHER , P. J.:

D efendant

- appellant John Bradley appeals from his sentence below

. Appellant’s sentence arises from four separate cases that were resolved by guilty pleas taken on August 13, 2021

.The trial court sentenced a ppellant in four separate cases : Cuyahoga

C.P. No. CR

- 21
- 655788

- A , Cuyahoga C.P. No. CR

- 21
- 657513

- A , Cuyahoga C.P. No.
CR

- 21
- 657961

- A and Cuyahoga C.P. No. CR

- 21
- 658136

- A

. Appellant’s two assignments of error both contend that the sentence imposed under the Reagan Tokes A ct is unconstit ut ional. “The Reagan Tokes Act applies to ‘qualifying felonies,’
which are felonies ‘ of the first or second degree committed on or after March 22, 2019.” ’ State v. Whitehead , 8th Dist. Cuyahoga No. 109599, 2021

- Ohio

- 847, ¶ 40 , quoting R.C. 2929.144(A).

T he court below imposed a sentence pursuant to Reagan Tokes in Cuyahoga C.P. No. CR

- 21
- 657961

- A only

. 1 In that case , a ppellant pleaded guilty to felonious assault as charged in C ount 1 along with a one - year firearm specification , domestic violence as charged in C ount 3 of the indictment , and endangering
children as charged in C ount 5 of the indictment. Counts 2 and 4 were dismissed.

The court sentenced a ppellant to one year on the firearm specification prior to and consecutive to the underlying s entence. The court sentenced a ppellant

to seven years on C ount 1 , 36 months on C ount 3 and six months on C ount 5. The
court noted that based on the sentence to the first count , Reagan Tokes established
the minimum sentence, seven years, with the maximum sentence being ten

- and

one - half years. In addition, the court sentenced a ppellant to three years of postrelease control.

1 The other cases involve pleas to crimes of which none are subject to the provisions of the Reagan Tokes Act

.Appellant appeals his sentence and raises the following two

assignment s of error for our review:
I. As amended by the Reagan Tokes Act, the Revised Code’s sentences for first

- and second

- degree qualifying felonies violates the constitutions of the United States and the state of Ohio; The trial court plainly erred in imposing a Reagan Tokes indefinite sen tence.

II

. Trial counsel was ineffective for failing to object to the Re[a]gan Tokes sentence.
Appellant contends that the Reagan Tokes Law is unconstitutional
because it violates the a ppellant’s right to trial by jury, d ue p rocess of l aw and separation

- of

- powers . However, this c ourt’s recent opinion specifically overruled those arguments. Accordingly, f or the reasons set forth in this court’s en banc
decisio n in State v. Delvallie , 8th Dist. Cuyahoga No. 109315, 2022
- Ohio

- 470, we overrule a ppellant’s first assignment of error.

Furthermore, since this c ourt has determined that a ppellant’s

c onstitutional challenge is without merit, a ppellant cannot show either tha t his counsel provided deficient performance or that he suffered any prejudice caused by deficient performance. State v. Davenport , 8th Dist. Cuyahoga No. 106143, 2018

- Ohio

- 2933, ¶ 25 (“ The failure to make a showing of either deficient performance or preju dice defeats a claim of ineffective assistance of counsel .”).

Judgment affirmed

. It is ordered that appell ee recover from appell ant the costs herein taxed. The court finds there were reasonable grounds for this appeal.It is ordered that a special mand ate iss ue out of this court directing the

Cuyahoga County Court of Common P leas to carry this judgment into execution.
The defendant’s conviction s having been affirmed, any bail pending appeal is
terminated. A certified copy of this entry shall consti tute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

_______ EILEEN A. GALLAGHER , P RESIDING JUDGE
MICHELLE J. SHEEHAN , J. , and JAMES A. BROGAN , J., C ONCUR (*Sitting by assignment: James A. Brogan, J., retired, of the Second District Court of Appeals.)