[Cite as State v. Hunter, 2022-Ohio-1072.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, :

No. 110738

v. :

THEOPHOLIS HUNTER, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: March 31, 2022 

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case Nos. CR-20-654001-A, CR-20-654024-A,

CR-20-652003-A and CR-20-652029-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Jonathan Block, Assistant Prosecuting 

Attorney, for appellee. 

Cullen Sweeney, Cuyahoga County Public Defender, and 

John T. Martin, Assistant Public Defender, for appellant. 

EILEEN A. GALLAGHER, J.:

Defendant-appellant Theopholis Hunter appeals his indefinite 

sentences after he pled guilty to multiple offenses in four criminal cases. 

On July 8, 2021, Hunter pled guilty to the following charges: 
● In CR-20-652003-A, Hunter pled guilty to one count of receiving 

stolen property in violation of R.C. 2913.51(A) (a fourth-degree 

felony) and one count of improper handling firearms in a motor 

vehicle in violation of R.C. 2923.16(B) (a fourth-degree felony), 

with forfeiture specifications;

● In CR-20-652029-A, Hunter pled guilty to one count of felonious 

assault in violation of R.C. 2903.11(A)(1) (a second-degree

felony) with a one-year firearm specification, one count of 

improper discharge into a habitation in violation of R.C.

2923.161(A)(1) (a second-degree felony) and one count of 

receiving stolen property in violation of R.C. 2913.51(A) (a 

fourth-degree felony);

● In CR-20-654001-A, Hunter pled guilty to one count of 

attempted aggravated robbery in violation of R.C. 

2923.02/2911.01(A)(1) (a second-degree felony) with a one-year 

firearm specification and 

● In CR-20-654024-A, Hunter pled guilty to one count of assault 

in violation of R.C. 2903.13(A) (a fifth-degree felony) and one 

count of harassment by an inmate in violation of R.C. 2921.38(A)

(a fifth-degree felony). 

The trial court imposed a one-year prison sentence on each of the 

firearm specifications in CR-20-652029-A and CR-20-654001-A to be served 

consecutively to each other and prior to and consecutively to all other sentences. 

The trial court imposed an aggregate minimum prison term of two years and a

maximum prison term of three years on the underlying offenses as follows. In CR20-652029-A, the trial court sentenced Hunter to a minimum term of two years and 

a maximum term of three years on the underlying offense in the felonious assault 

count, two years on the improper discharge into a habitation count and six months 

on the receiving stolen property count, to be served concurrently with each other 

and concurrently with the sentences on all other underlying offenses. In CR-20-
654001-A, the trial court sentenced Hunter to a minimum term of two years and a 

maximum term of three years on the underlying offense in the attempted aggravated 

robbery count and six months each on the assault and harassment by inmate counts,

to be served concurrently with each other and concurrently with the sentences on all 

other underlying offenses. The court imposed six-month sentences on each of the 

counts in CR-20-652003-A and CR-20-654024-A, to be served concurrently with 

each other and concurrently with the sentences on all other underlying offenses. 

Hunter appeals his indefinite sentences imposed pursuant to the Reagan Tokes Law,

arguing that the indefinite sentences are unconstitutional and violate the right to 

trial by jury, the separation-of-powers doctrine and due process. He presents the 

following assignment of error for review:

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 sentence.1 

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 

1 Although Hunter asserts in his assignment of error that the trial court “plainly 

erred” in imposing indefinite sentences under the Reagan Tokes Law, Hunter did object 

to the constitutionality of his indefinite sentences below, specifically asserting that “the 

Reagan Tokes Act, as it amended the Ohio Revised Code sentences for first and second 

degree qualifying felonies * * * violates the defendant’s constitutional right to trial by jury 

as well as violates the separation of powers and due process in both the federal and state 

constitution[s].” 
Dist. Cuyahoga No. 109315, 2022-Ohio-470. Accordingly, pursuant to Delvallie, we 

overrule Hunter’s assignment 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

EMANUELLA D. GROVES, J., CONCUR

N.B. Judge Emanuella D. Groves concurred with the opinions of Judge Lisa B. 

Forbes (dissenting) and Judge Anita Laster Mays (concurring in part and dissenting 

in part) in Delvallie and would have found the Reagan Tokes Law unconstitutional.