Summary
In Maddox, the first of these challenges, the appellant argued that the statute's granting of authority to the ODRC to administratively extend his prison term beyond the presumptive minimum violated his right to due process under the U.S. and Ohio Constitutions and the separation-of-powers doctrine.
Summary of this case from State v. BothuelOpinion
2020-1266
12-28-2020
STATE v. MADDOX
CASE ANNOUNCEMENT
MOTION AND PROCEDURAL RULING
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue as stated on pages 1-2 of the court of appeals' October 14, 2020 entry: "Is the constitutionality of the provisions of the Reagan Tokes Act, which allow the Department of Rehabilitation and Correctio[n] to administratively extend a criminal defendant's prison term beyond the presumptive minimum term, ripe for review on direct appeal from sentencing, or only after the defendant has served the minimum term and been subject to extension by application of the Act?" The conflict cases are State v. Leet, 2d Dist. Montgomery No. 28670, 2020-Ohio-4592; State v. Ferguson, 2d Dist. Montgomery No. 28644, 2020-Ohio-4153; State v. Barnes, 2d Dist. Montgomery No. 28613, 2020-Ohio-4150; and State v. Guyton, 12th Dist. Butler No. CA2019-12-203, 2020-Ohio-3837.
Kennedy, J., dissents.