State v. Ligon

2023 Ohio 1751

• Court: Ohio Court of Appeals
• Decided: May 25, 2023
• Docket: 112034
• Status: Published

Opinion

[Cite as State v. Ligon, 2023-Ohio-1751.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, : No. 112034 v. :

ERIS LIGON, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: May 25, 2023

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-20-654228-A, CR-20-654230-A, and CR-21-660714-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Margaret Graham, Assistant Prosecuting Attorney, for appellee.

Cullen Sweeney, Cuyahoga County Public Defender, and Erika B. Cunliffe, Assistant Public Defender, for appellant.

LISA B. FORBES, J.:

Appellant Eris Ligon (“Ligon”) appeals the trial court’s journal entry

sentencing him to an indefinite prison term pursuant to the Reagan Tokes Law.

After reviewing the facts of the case and pertinent law, we affirm. I. Facts and Procedural History

Ligon pleaded guilty to aggravated robbery, a first-degree felony in

violation of R.C. 2911.01(A)(1) with a one-year firearm specification; grand theft, a

fourth-degree felony in violation of R.C. 2913.02(A)(1); theft, a first-degree

misdemeanor in violation of R.C. 2913.02(A)(1); and carrying concealed weapons, a

fourth-degree felony in violation of R.C. 2923.12(A)(2).

In a September 16, 2022 journal entry, the trial court sentenced Ligon

to an aggregate prison term of 4-5.5 years. It is from this order that Ligon appeals.

II. Law and Analysis

In his sole assignment of error, Ligon claims that “the trial court erred

when it imposed an S.B. 201 indeterminate sentence over objections to its

constitutionality.” On appeal, Ligon concedes that his appellate “arguments are

inconsistent with the en banc decision in Delvallie”; however, he is appealing to

preserve the issue pending the Ohio Supreme Court’s decision in State v. Hacker,

2020-Ohio-5048, 161 N.E.3d 112 (3d Dist.), and State v. Simmons, 2021-Ohio-939,

169 N.E.3d 728 (8th Dist.).

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

banc decision in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.).

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. The defendant’s

conviction having been affirmed, any bail pending appeal is terminated. Case

remanded to the trial court for execution of sentence.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.

_______________________________ LISA B. FORBES, JUDGE

FRANK DANIEL CELEBREZZE, III, P.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, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.) (Forbes, J., dissenting).