State v. Hines

2022 Ohio 684

• Court: Ohio Court of Appeals
• Decided: March 10, 2022
• Docket: 110159
• Status: Published

Opinion

[Cite as State v. Hines, 2022-Ohio-684.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, : No. 110159 v. :

ANTWON M. HINES, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: March 10, 2022

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-650683-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Sarah J. Denney, Assistant Prosecuting Attorney, for appellee.

Cullen Sweeney, Cuyahoga County Public Defender, and Robert B. McCaleb, Assistant Public Defender, for appellant.

LISA B. FORBES, J.:

I. Facts and Procedural History

On October 7, 2020, Antwon M. Hines (“Hines”) pled guilty to

attempted aggravated robbery, a second-degree felony, in violation of R.C. 2923.02 and 2911.01(A)(1), with a one-year firearm specification. On November 18, 2020,

the court sentenced Hines to two-to-three years in prison for the attempted

aggravated robbery under the Reagan Tokes Law and one year in prison for the

firearm specification to run consecutively.

It is from this sentence that Hines appeals, arguing that 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.

II. Law and Analysis

Hines’s assignment of error is overruled pursuant to this court’s en

banc decision in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470.

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.

LISA B. FORBES, JUDGE

SEAN C. GALLAGHER, A.J., and EILEEN A. GALLAGHER, J., CONCUR

N.B. The author of this opinion is constrained to apply Delvallie. For a full explanation, see State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470 (Forbes, J., dissenting).