State v. Acy

2022 Ohio 3316

• Court: Ohio Court of Appeals
• Decided: September 21, 2022
• Docket: 2022CA00021
• Status: Published

Opinion

[Cite as State v. Acy, 2022-Ohio-3316.]

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