[Cite as State v. White , 2023

- Ohio

- 73.] COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO , :

Plaintiff

- Appell ee , : No. 111442 v. :
KAMILLE C. WHITE , :

Defendant

- Appell ant

. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: January 12, 2023

C riminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. C R

- 21

- 661483

- A

Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney , and Margare t Graham , Assistant Prosecuting Attorney, for a

ppell ee
. Cullen Sweeney, Cuyahoga County Public Defender, and Noelle A. Powell , Assistant Public Defender, for a ppell ant

.

SEAN C. GALLAGHER , P. J.:

Appellant, Kamille C. White, appeals the sentence imposed by the

trial court in this case. Upon review, we affirm

.White was charged under a four

- count indictment. After reaching a

plea agreement with the state, White ple d guilty to felonious assault, in violation of R.C. 2903.11(A)(1), a felony of the second degree, as amended to include two victims,

and to inciting violence, in violation of R.C. 2917.01(A)(1) , a felony of the third degree

. The remaining charges were nolled. During the plea colloquy, the trial court
advised White that the Reagan Tokes Law would apply to the second

- degree felony
offense and defense counsel made an objection on the record. The charges arose
from an incident in which White incited several juveniles to assault the two named juvenile victims and participated in the fight.

At sentencing, the trial court observed that White had a lengthy criminal history. T he state indicated that the assault occurred at the dire ction of
White. Defense counsel indicated that White’s niece was being bullied , and White
drove her niece to the figh t

. Defense counsel acknowledged White’s participation in the fight, which included holding one of the victims who was assaulted and the

t hreatening use of a hammer. Defense counsel discussed White’s very difficult upbringing, her physical and emotional abuse as a child, her physical health issues , her engagement in counseling, and other mitigating factors

.

The trial court imposed a suspe nded prison sentence and placed White on three years of probation

. On Count 2 for felonious assault, t he trial court imposed a 36

- month stated minimum term of imprisonment, along with a

maximum term of 54 months

. On Count 4 for inciting violence, the tri al court imposed a sentence of 36 months. Defense counsel objected to the imposition of a nindefinite sentence under the Reagan Tokes Law as being unconstitutional

. White

timely appealed.

We shall only address the issue presented o n appeal

. Under her sole assignment of error, White claims that the trial court erred by imposing an indefinite

sentence and challenges the constitutionality of S.B. 201’s indeterminate sentenc ing provisions. Specifically, she contends that the Reagan Tokes Law vio lates state and federal constitutional provisions for the right to a jury trial, the separation

- of

powers doctrine, and due process

. White concedes the same arguments were rejected in State v. Delvallie , 2022

- Ohio

- 470, 185 N.E.3d 536 (8th Dist.), and thus it appears her argument is advanced to preserve the claim for further review. Based on the authority established by this district ’ s en banc holding in Delvallie , we must
conclude that White’ s sentence does not violate h er constitutional rights with

respe ct to the challenge s presented. Th e 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 mand ate 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 appeal is terminated . Case
remanded to the trial court for execution of sent ence.A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.

_ SEAN C. GALLAGHER , PRESIDING JUDGE

ANITA LASTER MAYS , A. J. , and E ILEEN A. G

ALLAGHER , J., CONCUR

N.B. Administrative J udge A nita L aster M ays is constrained to apply Devallie’s en banc decision. For a full explanation of her analysis, see State v. Delvallie , 2022

- Ohio

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