[Cite as State v. Toney, 2022-Ohio-1319.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, :

No. 110790

v. :

KENITH TONEY, JR., :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: April 21, 2022 

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR-19-646556-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Kristin M. Karkutt, Assistant Prosecuting 

Attorney, for appellee. 

Cullen Sweeney, Cuyahoga County Public Defender, and 

Robert B. McCaleb, Assistant Public Defender, for 

appellant. 

SYLVIA A. HENDON, J.:

Defendant-appellant Kenith Toney, Jr. (“Toney”), raising a single 

assignment of error, appeals from his sentence for involuntary manslaughter and 
other charges. Specifically, Toney argues that his sentence is invalid because it was 

imposed under the Reagan Tokes Law and is therefore unconstitutional. For the 

following reasons, we affirm.

Factual and Procedural History

On December 17, 2019, a Cuyahoga County Grand Jury indicted 

Toney on one count of aggravated murder in violation of R.C. 2903.01(A); one count 

of murder in violation of R.C. 2903.02(B); one count of felonious assault in violation 

of R.C. 2903.11(A)(1); one count of voluntary manslaughter in violation of R.C. 

2903.03(A); and two counts of felonious assault in violation of R.C. 2903.11(A)(2).

All charges carried one- and three-year firearm specifications.

On August 3, 2021, Toney pleaded guilty to an amended count of 

involuntary manslaughter with one- and three-year firearm specifications and an 

amended count of attempted felonious assault with a three-year firearm 

specification. The remaining counts and specifications were dismissed. On August 

4, 2021, the court sentenced Toney to 20 to 25 and one-half years pursuant to the 

Reagan Tokes Law. 

Toney appeals, presenting a single assignment of error for our review.

Legal Analysis

In his sole assignment of error, Toney argues that his indefinite 

sentence pursuant to Reagan Tokes is unconstitutional because it violates his due 

process rights and violates the separation-of-powers doctrine.
Toney’s arguments are overruled pursuant to this court’s en banc 

decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, which 

overruled the challenges presented in this appeal to the Reagan Tokes Law enacted 

through S.B. 201. Therefore, we find that Toney’s sentence pursuant to Reagan 

Tokes was not a violation of his constitutional rights. Toney’s assignment of error is 

overruled.

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. 

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

of the Rules of Appellate Procedure.

___________________________

SYLVIA A. HENDON, JUDGE*

EILEEN T. GALLAGHER, P.J., and

EMANUELLA D. GROVES, J., CONCUR

*(Sitting by assignment: Sylvia A. Hendon, J., retired, of the First District Court of 

Appeals.)

N.B. Judge Eileen T. Gallagher joined the dissent by Judge Lisa B. Forbes in Delvallie and would 

have found that R.C. 2967.271(C) and (D) of the Reagan Tokes Law are unconstitutional.

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.