Opinion
L-20-1163
07-29-2022
STATE OF OHIO Plaintiff-Appellee v. DEREK DALY Defendant-Appellant
For Plaintiff-Appellee JULIA R. BATES Prosecuting Attorney For Defendant-Appellant ANDREW R. MAYLE LAUREN CARPENTER Assistant Prosecuting Attorney
Appeal from the Lucas County Court of Common Pleas, Case No. CR-19-2986
JUDGMENT: Affirmed
For Plaintiff-Appellee JULIA R. BATES Prosecuting Attorney
For Defendant-Appellant ANDREW R. MAYLE
LAUREN CARPENTER Assistant Prosecuting Attorney
JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.
OPINION
Hoffman, P.J.
{¶1} Defendant-appellant Derek Daly appeals the judgment entered by the Lucas County Common Pleas Court convicting him following his plea of guilty to aggravated trafficking in drugs (R.C. 2925.03(A)(2),(C)(1)(d)) and sentencing him to a term of incarceration of five to seven and one-half years.
A rendition of the facts is unnecessary to our resolution of the issue raised on appeal.
{¶2} On August 6, 2020, Appellant entered a plea of guilty in the Lucas County Common Pleas Court to one count of aggravated trafficking in drugs in violation of R.C. 2925.03(A)(2),(C)(1)(d). Following a sentencing hearing, the trial court sentenced him pursuant to the Reagan Tokes Act to a term of incarceration of 5 to 7.5 years.
{¶3} Appellant filed an appeal. On March 4, 2021, this Court stayed the appeal pending the decision of the Ohio Supreme Court in State v. Maddox. The Ohio Supreme Court issued a decision in Maddox on March 16, 2022, and this Court lifted the stay in the instant case on March 22, 2022.
{¶4} It is from the August 6, 2020 judgment of the trial court Appellant prosecutes this appeal, assigning as error:
THE TRIAL COURT ERRONEOUSLY IMPOSED SENTENCE UNDER A PLAINLY UNCONSTITUTIONAL STATUTORY SCHEME, WHICH TRIAL COUNSEL INEFFECTIVELY FAILED TO OBJECT TO.
{¶5} Appellant argues the Reagan Tokes Act is unconstitutional, and further argues counsel was ineffective for failing to raise the constitutionality of the Reagan Tokes Act in the trial court.
{¶6} For the reasons stated in this Court's prior decisions in State v. Maddox, 6th Dist. No. L-19-1253, 2022-Ohio-1350, 188 N.E.3d 682, State v. Eaton, 6th Dist. Lucas No. L-21-1121, 2022-Ohio-2432, and State v. Gifford, 6th Dist. Lucas No. L-21-1201, 2022-Ohio-1620, Appellant's assignment is overruled.
{¶7} The judgment of the Lucas County Common Pleas Court is affirmed.
Hoffman, P.J. Delaney, J. and Wise, Earle, J. concur.
Sitting by Assignment by the Ohio Supreme Court
HON. WILLIAM B. HOFFMAN, HON. PATRICIA A. DELANEY, HON. EARLE E. WISE, JR. JUDGES
JUDGMENT ENTRY
For the reason stated in our accompanying Opinion, the judgment of the Lucas County Court of Common Pleas, is affirmed. Costs assessed to Appellant.