[Cite as State v. White,

.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, : No. 111442 v. :

KAMILLE C. WHITE, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: January 12, 2023

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-21-661483-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Margaret Graham, Assistant Prosecuting Attorney, for appellee.

Cullen Sweeney, Cuyahoga County Public Defender, and Noelle A. Powell, Assistant Public Defender, for appellant.

SEAN C. GALLAGHER, P.J.:

Appellant, Kamille C. White, appeals the sentence imposed by the

trial court in this case. Upon review, we affirm. White was charged under a four-count indictment. After reaching a

plea agreement with the state, White pled guilty to felonious assault, in violation of

R.C. 2903.11(A)(1), a felony of the second degree, as amended to include two victims,

and to inciting violence, in violation of R.C. 2917.01(A)(1), a felony of the third

degree. The remaining charges were nolled. During the plea colloquy, the trial court

advised White that the Reagan Tokes Law would apply to the second-degree felony

offense and defense counsel made an objection on the record. The charges arose

from an incident in which White incited several juveniles to assault the two named

juvenile victims and participated in the fight.

At sentencing, the trial court observed that White had a lengthy

criminal history. The state indicated that the assault occurred at the direction of

White. Defense counsel indicated that White’s niece was being bullied, and White

drove her niece to the fight. Defense counsel acknowledged White’s participation in

the fight, which included holding one of the victims who was assaulted and the

threatening use of a hammer. Defense counsel discussed White’s very difficult

upbringing, her physical and emotional abuse as a child, her physical health issues,

her engagement in counseling, and other mitigating factors.

The trial court imposed a suspended prison sentence and placed

White on three years of probation. On Count 2 for felonious assault, the trial court

imposed a 36-month stated minimum term of imprisonment, along with a

maximum term of 54 months. On Count 4 for inciting violence, the trial court

imposed a sentence of 36 months. Defense counsel objected to the imposition of an indefinite sentence under the Reagan Tokes Law as being unconstitutional. White

timely appealed.

We shall only address the issue presented on appeal. Under her sole

assignment of error, White claims that the trial court erred by imposing an indefinite

sentence and challenges the constitutionality of S.B. 201’s indeterminate sentencing

provisions. Specifically, she contends that the Reagan Tokes Law violates state and

federal constitutional provisions for the right to a jury trial, the separation-of-

powers doctrine, and due process. White concedes the same arguments were

rejected in State v. Delvallie,

,

(8th Dist.), and thus

it appears her argument is advanced to preserve the claim for further review. Based

on the authority established by this district’s en banc holding in Delvallie, we must

conclude that White’s sentence does not violate her constitutional rights with

respect to the challenges presented. The assignment of error is overruled.

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. The defendant’s

conviction having been affirmed, any bail pending appeal is terminated. Case

remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.

_ SEAN C. GALLAGHER, PRESIDING JUDGE

ANITA LASTER MAYS, A.J., and EILEEN A. GALLAGHER, J., CONCUR

N.B. Administrative Judge Anita Laster Mays is constrained to apply Devallie’s en banc decision. For a full explanation of her analysis, see State v. Delvallie, 2022- Ohio-470,

(8th Dist.) (Laster Mays, J., concurring in part and dissenting in part).