State v. Mitchell

2022 Ohio 1063

Opinion

[Cite as State v. Mitchell, 2022-Ohio-1063.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, : No. 110582 v. :

ANTWUAN MITCHELL, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: March 31, 2022

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-647744-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Morgan Austin, Assistant Prosecuting Attorney, for appellee.

Richard A. Neff, for appellee.

LISA B. FORBES, J.:

I. Facts and Procedural History

On May 10, 2021, Antwuan Mitchell (“Mitchell”) pled guilty to

robbery, a second-degree felony, in violation of R.C. 2911.02(A)(1) with a firearm

specification and abduction, a third-degree felony, in violation of R.C. 2905.02(A)(2). On May 26, 2021, the court sentenced Mitchell to a minimum

of fours years and a maximum of six years in prison for the robbery under the

Reagan Tokes Law, to run consecutive to one year in prison for the firearm

specification. The court also sentenced Mitchell to three years in prison for the

abduction and ordered that this sentence run consecutive to the sentence for the

robbery.

It is from this sentence that Mitchell appeals raising the following sole

assignment of error: “As amended by the Reagan Tokes [Law], the revised code’s

sentences for first- and second-degree qualifying felonies violates [sic] the

constitutions of the United States and the state of Ohio; the trial court plainly erred

in imposing a Reagan Tokes indefinite sentence.”

II. Law and Analysis

Mitchell’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

FRANK DANIEL CELEBREZZE, III, P.J., and MARY J. BOYLE, 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).