[Cite as State v. Graves, 

2023-Ohio-84.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, :

No. 111348

v. :

KENNETH B. GRAVES, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: January 12, 2023

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR-21-660269-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Debora Brewer, Assistant Prosecuting 

Attorney, for appellee. 

Cullen Sweeney, Cuyahoga County Public Defender, and 

Francis Cavallo, Assistant Public Defender, for appellant. 

EMANUELLA D. GROVES, J.:

Defendant-appellant Kenneth Bernard Graves (“Graves”) appeals the 

trial court’s imposition of an indefinite sentence pursuant to Am.Sub.S.B. 201, the 
Reagan Tokes Law (“Reagan Tokes”). For the reasons set forth below, we affirm 

Graves’ sentence.

Procedural and Factual History1

On February 17, 2022, pursuant to a plea agreement with the state of 

Ohio (the “State”), Graves pled guilty to rape in violation of R.C. 2907.02(A)(2), a 

first-degree felony; attempted murder in violation of R.C. 2923.02 and 2903.02(A), 

a first-degree felony; kidnapping in violation of R.C. 2905.01(A)(1), felonious assault 

in violation of R.C. 2903.11(A)(1); and gross sexual imposition in violation of R.C. 

2905.07(A)(1), a fourth-degree felony. Three of the four counts to which Graves 

entered guilty pleas are qualified offenses under the Reagan Tokes Law.

2

After Graves entered his guilty pleas, the trial court immediately 

proceeded to sentencing. At the onset of the hearing, the State summarized the facts 

supporting Graves’ convictions as follows:

Your Honor, the victim in this case, * * * was a social worker, she was 

55 years old. And it so happened that on Friday, June 4th of 2021, she 

was called to Mr. Graves’ apartment because he was reported as being 

suicidal and she was instructed to perform a wellness check on him in 

his apartment unit, which was located at East 55th Street in Cleveland.

When she went to his unit, Mr. Graves answered the door and almost 

immediately retreated deeper into his apartment unit, which forced 

[her] to follow him in and she tried to talk to him about what was going 

on and why he was suicidal that particular day.

1 The appeal stems from a negotiated guilty plea, and Graves’ sole challenge is to 

the constitutionality of the sentence imposed pursuant Reagan Tokes. Therefore, we will 

not render a detailed recitation of the underlying facts. 

2 Under the Reagan Tokes Law, qualifying first- and second-degree felonies 

committed on or after March 22, 2019, are subject to the imposition of indefinite 

sentences.
Quickly thereafter, Mr. Graves went to his kitchen and grabbed a paring 

knife and began, he approached [her], held that knife to her stomach, 

and grabbed her around the neck, placed the knife on her stomach, she 

still has a scar from superficial contact with the knife, and he threw her 

to the ground. He then proceeded to get on top of her, put his hand over 

her nose and mouth, and then punched her in the face.

She tried to protect her face and held her hand over her face. So in the 

course of this assault, Your Honor, her hand was significantly damaged. 

She is still awaiting surgery on her thumb. She has sustained injury to 

her carotid arteries and reports that she will have to take a blood 

thinner for the remainder of her life because her risk of stroke is higher 

now.

She suffered a broken occipital bone and other eye damage. And that’s 

just the physical assault, Your Honor, distinct from the sexual assault 

that occurred as well, in which the Defendant raped her digitally and 

then orally.

After he was done sexually assaulting her, he saw how badly her eye

was damaged and he gave her a pair of sunglasses, told her to wear the 

glasses and to keep this between the two of them, kissed her on the 

cheek and finally allowed her to leave his apartment.

Relevant to this appeal, the trial court imposed indefinite consecutive 

sentences of 11 years for rape in Count 1, and four years for attempted murder in 

Count 3. The trial court advised Graves that the 15-year sentence could become 20 

years and six months under the Reagan Tokes Law. 

Graves now appeals and assigns the following sole error for review:

Assignment of Error

As amended by the Reagan Tokes Act, the Revised Code’s sentences for

first-and second-degree qualifying felonies violate the Constitutions of

the United States and the State of Ohio. 
Law and Analysis

In the sole assignment of error, Graves argues that his indefinite 

sentence imposed pursuant to the Reagan Tokes Law is unconstitutional because it 

violates the right to trial by jury, the separation-of-powers doctrine, and the right to 

due process.

However, we need not dwell on the arguments presented. The Ohio 

Supreme Court held in State v. Maddox, 168 Ohio St.3d 292, 2022-Ohio-764, 198 

N.E.3d 797, that constitutional challenges to the Reagan Tokes Act are ripe for 

review. Based on the authority established by this district’s en banc holding in State 

v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.), the challenges Graves 

advanced against the constitutional validity of the Reagan Tokes Law have been 

overruled. Id. at ¶ 17-54. Because Graves does not advance any novel argument left 

unaddressed by Delvallie, we find the constitutional challenges presented herein are 

without merit.

Accordingly, we overrule the sole assignment of error.

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.

_________________________

EMANUELLA D. GROVES, JUDGE

MICHELLE J. SHEEHAN, P.J., and

EILEEN T. GALLAGHER, 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.

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.