[Cite as State v. Milton, 2022-Ohio-4393.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, :

No. 111460

v. :

ALEXANDER J. MILTON, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: December 8, 2022

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR-20-654570-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Anna Faraglia, Assistant Prosecuting 

Attorney, for appellee. 

Cullen Sweeney, Cuyahoga County Public Defender, and 

Aaron T. Baker, Assistant Public Defender, for appellant. 

KATHLEEN ANN KEOUGH, P.J.:

Defendant-appellant, Alexander Milton, appeals his indefinite felony 

sentence imposed under the Reagan Tokes Law, as enacted through S.B. 201. We 

affirm. 
Milton pled guilty to involuntary manslaughter in violation of 

R.C. 2903.04(A), a qualifying felony of the first degree, with a 54-month firearm 

specification, and two third-degree felonies — tampering with evidence in violation 

of R.C. 2921.12(A)(1) and having weapons while under disability in violation of 

R.C. 2923.13(A)(2). At the plea hearing, Milton confirmed to the trial court that he 

understood he would be sentenced to an indefinite term of imprisonment regarding 

the involuntary manslaughter count. 

At sentencing, the court imposed an indefinite prison term pursuant 

to the Reagan Tokes Law of 8 to 12 years on the involuntary manslaughter charge 

and a mandatory 54-month term on the accompanying firearm specification, and 

concurrent terms of 18 months on the third-degree felonies, to be served consecutive 

to the prison term on the involuntary manslaughter charge, for a minimum prison 

term of 14 years and a maximum term of 18 years. Trial counsel objected on 

constitutional grounds to the imposition of any Reagan Tokes sentence. 

In his single assignment of error, Milton contends that “the trial court 

erred when it found S.B. 201 to be constitutional and imposed an indefinite sentence 

pursuant to S.B. 201.” He contends that the Reagan Tokes Law is unconstitutional 

because it violates his constitutional right to a jury trial, the separation-of-powers 

doctrine, and his due process rights. 

Milton’s arguments are identical to those presented and overruled in 

the en banc proceedings in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-

Ohio-470, wherein this court determined that the Reagan Tokes Law is 
constitutional and enforceable. Accordingly, Milton’s challenges to the law are 

likewise overruled. The indefinite sentence imposed by the trial court under the 

Reagan Tokes Law was not a violation of Milton’s constitutional rights and his

convictions are affirmed. 

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. The defendant’s 

conviction having been affirmed, any bail pending is terminated. Case remanded to 

the trial court for execution of sentence.

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

of the Rules of Appellate Procedure.

KATHLEEN ANN KEOUGH, PRESIDING JUDGE

MARY EILEEN KILBANE, J., and

LISA B. FORBES, J., CONCUR

N.B. Judge Mary Eileen Kilbane joined the dissenting opinion by Judge Lisa B. 

Forbes and the concurring in part and dissenting in part opinion by Judge Anita 

Laster Mays in Delvallie and would have found the Reagan Tokes Law 

unconstitutional. 

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

(Forbes, J., dissenting).