Opinion
112122 112123
08-31-2023
STATE OF OHIO, Plaintiff-Appellant, v. AARON WILLIAMS, Defendant-Appellee.
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellant. Cullen Sweeney, Cuyahoga County Public Defender, and Noelle A. Powell, Assistant Public Defender, for appellee.
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-22-671331-A and CR-22-671337-A
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellant.
Cullen Sweeney, Cuyahoga County Public Defender, and Noelle A. Powell, Assistant Public Defender, for appellee.
JOURNAL ENTRY AND OPINION
LISA B. FORBES, JUDGE.
{¶ 1} Appellant, the state of Ohio ("the state"), appeals the trial court's journal entry sentencing appellee Aaron Williams ("Williams"), to a definite prison term of three years. After reviewing the facts of the case and pertinent law, we reverse and remand to the trial court for further proceedings consistent with this opinion.
I. Facts and Procedural History
{¶ 2} Williams pled guilty to attempted aggravated burglary, a second-degree felony in violation of R.C. 2923.02 and 2911.11(A)(1); attempted burglary, a second-degree felony in violation of R.C. 2923.02 and 2911.12(A)(2); and having weapons while under disability, a third-degree misdemeanor in violation of R.C. 2923.13(A)(3); as well as firearm and forfeiture specifications.
{¶ 3} On October 13, 2022, the trial court journalized an entry sentencing Williams to a definite prison term of three years. It is from this order that the state appeals.
II. Law and Analysis
{¶ 4} In its sole assignment of error, the state asserts that "the trial court plainly erred when it did not reserve an indefinite sentence pursuant to S.B. 201." In response, Williams argues that the trial court did not err because it "correctly found indefinite sentencing under S.B. 201 to be unconstitutional." S.B. 201 is otherwise known as the Reagan Tokes Law.
{¶ 5} Pursuant the Ohio Supreme Court's holding in State v. Hacker, the state's sole assignment of error is sustained. State v. Hacker, Slip Opinion No. 2023-Ohio-2535, ¶ 40.
{¶ 6} Judgment reversed and remanded to the trial court for proceedings consistent with this opinion.
It is ordered that appellant recover from appellee 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.
MICHELLE J SHEEHAN, PJ, and MICHAEL JOHN RYAN, J, CONCUR.