State v. Daly

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[Cite as State v. Daly, 2022-Ohio-2610.] COURT OF APPEALS LUCAS COUNTY, OHIO SIXTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J. -vsSitting by Assignment by the Ohio Supreme Court DEREK DALY Case No. L-20-1163 Defendant-Appellant OPINION CHARACTER OF PROCEEDINGS: Appeal from the Lucas County Court of Common Pleas, Case No. CR-19-2986 JUDGMENT: Affirmed DATE OF JUDGMENT ENTRY: APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant JULIA R. BATES Prosecuting Attorney Lucas County, Ohio ANDREW R. MAYLE Mayle, LLC P.O. Box 263 Perrysburg, Ohio 43552 LAUREN CARPENTER Assistant Prosecuting Attorney 711 Adams Street Lucas County Courthouse Toledo, Ohio 43604 Lucas County, Case No. L-20-1163 2 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. STATEMENT OF THE CASE1 {¶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. 1 A rendition of the facts is unnecessary to our resolution of the issue raised on appeal. Lucas County, Case No. L-20-1163 {¶5} 3 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. By: 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. IN THE COURT OF APPEALS FOR LUCAS COUNTY, OHIO SIXTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsDEREK DALY Defendant-Appellant : : : : : : : : : JUDGMENT ENTRY Case No. L-20-1163 For the reason stated in our accompanying Opinion, the judgment of the Lucas County Court of Common Pleas, is affirmed. Costs assessed to Appellant. Sitting by Assignment by the Ohio Supreme Court HON. WILLIAM B. HOFFMAN HON. PATRICIA A. DELANEY HON. EARLE E. WISE, JR.

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