Background
Ethan Smith was convicted of multiple felonies arising from two shooting incidents in Lucas County in 2024, including felonious assault, improperly discharging a firearm into a habitation, and having weapons under disability. Multiple firearm and drive-by shooting specifications were attached. The State cross-appealed, arguing the trial court erred in failing to impose indefinite prison terms under Ohio’s Reagan Tokes Act (R.C. 2929.144) on qualifying felony convictions.
The Reagan Tokes Act, enacted in 2018, requires courts to impose indefinite sentences for certain qualifying felonies, consisting of a stated minimum term and a calculated maximum term. Smith’s felonious assault conviction, a second-degree felony, qualified for an indefinite sentence under the Act.
The Court’s Holding
The Sixth District affirmed Smith’s convictions and most of his sentence but reversed in part and remanded for resentencing on the felonious assault charge. The court found that the trial court failed to impose a stated minimum term and maximum term as required by the Reagan Tokes Act.
Citing R.C. 2929.144(C), the court held that both the minimum and maximum terms must be imposed at the sentencing hearing and included in the sentencing entry. Because the trial court imposed what appeared to be a definite sentence rather than an indefinite sentence, resentencing was required.
Key Takeaways
- Under the Reagan Tokes Act, trial courts must clearly impose both a stated minimum term and a calculated maximum term for qualifying felonies at the sentencing hearing and in the sentencing entry.
- Imposing what appears to be a definite sentence on a Reagan Tokes-qualifying offense requires resentencing, even if the underlying convictions are otherwise affirmed.
- Appellate courts will remand for resentencing when the sentencing entry fails to comply with the Act’s requirements.
Why It Matters
As Ohio courts continue to work through the implications of the Reagan Tokes Act, this case reinforces the importance of strict compliance with the Act’s sentencing requirements. Trial judges must explicitly state both the minimum and maximum terms at the sentencing hearing and in the entry. Prosecutors should verify Reagan Tokes compliance before the entry is journalized. This decision adds to a growing body of appellate authority requiring resentencing for Reagan Tokes technical errors.