[Cite as State v. McCain, 2023-Ohio-1573.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, :

No. 111980

v. :

KARMONE MCCAIN, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: May 11, 2023

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case Nos. CR-22-667831-A and CR-22-668061-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 

Michael V. Wilhelm, Assistant Public Defender, for 

appellant.

ANITA LASTER MAYS, A.J.:

Plaintiff-appellant Karmone McCain (“McCain”) filed this appeal of 

the trial court’s sentence under S.B. 201 known as the Reagan Tokes Law (“Reagan 

Tokes”) on the ground that the law is unconstitutional. We affirm. 
I. Facts and Procedural History

McCain pleaded guilty to and was sentenced on multiple charges in 

the underlying cases, several of which were subject to the imposition of Reagan 

Tokes.

In Cuyahoga C.P. No. CR-22-667831-A, McCain was charged with 

attempted kidnapping, R.C. 2932.02 and 2905.01, a second-degree felony; robbery, 

R.C. 2911.02(A)(2), a second-degree felony; intimidation of a crime victim or 

witness, R.C. 2921.04(B)(1), a third-degree felony; theft, aggravated theft, 

R.C. 2913.02(A)(1), a fifth-degree felony; and assault, R.C. 2903.13, a first-degree 

misdemeanor. Journal entry No. 128567998, p. 1. (Aug. 31, 2022). In Cuyahoga 

C.P. No. CR-22-668061-A, McCain was charged with felonious assault, 

R.C. 2903.11(A)(1), a second-degree felony; and abduction, R.C. 2905.02 (A)(2), a 

third-degree felony. Journal entry No. 128567730, p. 1 (Aug. 31, 2022). 

The trial court advised McCain of the Reagan Tokes notifications 

during McCain’s plea and sentencing as required by R.C. 2929.19(B)(2)(c).

1 McCain 

objected to imposition of Reagan Tokes and argues on appeal that the trial court 

violated McCain’s constitutional rights by imposing a Reagan Tokes sentence under 

S.B. 201. Specifically, McCain argues that Reagan Tokes violates the: (1) right to 

1

 The failure of a trial court to notify a defendant of all R.C. 2929.19(B)(2)(c) 

notifications at both the plea hearing and the sentencing hearing renders the sentence 

contrary to law. See State v. Gates, 8th Dist. Cuyahoga No. 110616, 2022-Ohio-1666;

State v. Bentley, 4th Dist. Adams No. 21CA1147, 2022-Ohio-1914. 
trial by jury; (2) separation-of-powers doctrine; and (3) due process guarantees. 

McCain also states that severance is not an appropriate remedy. 

McCain generally advances that this court’s analysis in the original 

State v. Delvallie, 2021-Ohio-1809, 173 N.E.3d 544 (8th Dist.), was correct. While 

this writer may certainly agree, based on the authority established by this court’s en 

banc holding in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.), the 

challenges advanced by McCain have been overruled. See id. at ¶ 17-54.

McCain’s assigned errors lack merit. The trial court’s judgment is 

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.

______

ANITA LASTER MAYS, ADMINISTRATIVE JUDGE

MARY EILEEN KILBANE, J., and

MICHAEL JOHN RYAN, J., CONCUR

N.B. Administrative Judge Anita Laster Mays is constrained to apply Delvallie’s en

banc decision. For a full explanation of her analysis, see State v. Delvallie, 2022-

Ohio-470, 185 N.E.3d 536 (8th Dist.) (Laster Mays, J., concurring in part and 

dissenting in part).
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.