State v. Acy

2022 Ohio 3316

Opinion

COURT OF APPEALS

STARK COUNTY, OHIO

FIFTH APPELLATE DISTRICT

STATE OF OHIO JUDGES:

Hon. Earle E. Wise, Jr., P.J.

Plaintiff-Appellee Hon. William B. Hoffman, J.

Hon. Craig R. Baldwin, J.

-vs-

Case No. 2022CA00021

STEPHEN ACY

Defendant-Appellant OPINION

CHARACTER OF PROCEEDINGS: Appeal from the Stark County Court of Common Pleas, Case No. 2021-CR-0898

JUDGMENT: Affirmed DATE OF JUDGMENT ENTRY: September 20, 2022

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

KYLE L. STONE D. COLEMAN BOND Prosecuting Attorney 116 Cleveland Avenue, S.W. Stark County, Ohio Suite #600 Canton, Ohio 44702

VICKI L. DESANTIS Assistant Prosecuting Attorney Appellate Division 110 Central Plaza, South – Suite #510 Canton, Ohio 44702-1413

Stark County, Case No. 2022CA00021 2

Hoffman, J.

{¶1} Defendant-appellant Stephen Acy appeals the judgment entered by the

Stark County Common Pleas Court convicting him following his plea of guilty to felonious assault (R.C. 2903.11(A)(1)) and sentencing him to an indefinite term of incarceration of two to three years. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On April 6, 2021, Appellant was a resident at the Indian River Juvenile Correctional Facility for a misdemeanor offense of obstructing official business. Appellant struck A.G., breaking A.G.’s jaw, which required surgery. Appellant was indicted by the Stark County Grand Jury on one count of felonious assault.

{¶3} Appellant entered a plea of guilty to the charged offense on January 26, 2022. Over Appellant’s objection, the trial court sentenced Appellant pursuant to the Reagan Tokes Act to an indefinite term of incarceration of two to three years.

{¶4} It is from the February 2, 2022 judgment of the trial court Appellant prosecutes this appeal, assigning as error:

THE MODIFICATIONS TO SENTENCING FOR FIRST- AND SECOND-DEGREE FELONIES MADE BY THE REAGAN TOKES ACT VIOLATE THE APPELLANT’S RIGHT TO JURY TRIAL, AS PROTECTED BY THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AND THE SEPARATION OF POWERS DOCTRINE EMBEDDED IN THE OHIO CONSTITUTION.

{¶5} Appellant argues the Reagan Tokes Act is unconstitutional, as it violates separation of powers and his right to trial by jury.

Stark County, Case No. 2022CA00021 3

{¶6} For the reasons stated in this Court's opinion in State v. Householder, 5th Dist. Muskingum No. CT2021-0026, 2022-Ohio-1542, we find the Reagan Tokes act is constitutional. The assignment of error is overruled.

{¶7} The judgment of the Stark County Common Pleas Court is affirmed.

By: Hoffman, J. Wise, Earle, P.J. and Baldwin, J. concur