(A) As used in this section, "qualifying felony of the first or second degree" means a felony of the first or second degree committed on or after the effective date of this section .
(B) The court imposing a prison term on an offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree shall determine the maximum prison term that is part of the sentence in accordance with the following:
(1) If the offender is being sentenced for one felony and the felony is a qualifying felony of the first or second degree, the maximum prison term shall be equal to the minimum term imposed on the offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code plus fifty per cent of that term.
(2) If the offender is being sentenced for more than one felony, if one or more of the felonies is a qualifying felony of the first or second degree, and if the court orders that some or all of the prison terms imposed are to be served consecutively, the court shall add all of the minimum terms imposed on the offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree that are to be served consecutively and all of the definite terms of the felonies that are not qualifying felonies of the first or second degree that are to be served consecutively, and the maximum term shall be equal to the total of those terms so added by the court plus fifty per cent of the longest minimum term or definite term for the most serious felony being sentenced.
(3) If the offender is being sentenced for more than one felony, if one or more of the felonies is a qualifying felony of the first or second degree, and if the court orders that all of the prison terms imposed are to run concurrently, the maximum term shall be equal to the longest of the minimum terms imposed on the offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree for which the sentence is being imposed plus fifty per cent of the longest minimum term for the most serious qualifying felony being sentenced.
(4) Any mandatory prison term, or portion of a mandatory prison term, that is imposed or to be imposed on the offender under division (B), (G), or (H) of section 2929.14 of the Revised Code or under any other provision of the Revised Code, with respect to a conviction of or plea of guilty to a specification, and that is in addition to the sentence imposed for the underlying offense is separate from the sentence being imposed for the qualifying first or second degree felony committed on or after the effective date of this section and shall not be considered or included in determining a maximum prison term for the offender under divisions (B)(1) to (3) of this section.
(C) The court imposing a prison term on an offender pursuant to division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree shall sentence the offender, as part of the sentence, to the maximum prison term determined under division (B) of this section. The court shall impose this maximum term at sentencing as part of the sentence it imposes under section 2929.14 of the Revised Code, and shall state the minimum term it imposes under division (A)(1)(a) or (2)(a) of that section, and this maximum term, in the sentencing entry.
(D) If a court imposes a prison term on an offender pursuant to division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree, section 2967.271 of the Revised Code applies with respect to the offender's service of the prison term.
Notes of Decisions
Cited in 334
cases (309 in the last 5 years), 2019–2026 · leading case: State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536.
State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536. · cites it 25דIt is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Gamble, 2021-Ohio-1810, 173 N.E.3d 132. · cites it 30דThe trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Bond, 2022-Ohio-1487. · cites it 33דAnd, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Reed, 2021-Ohio-1623. · cites it 14ד011 and four newly-enacted statutes, one of which is R.C. 2929.144. Unlike R.C. 2901.011, R.C.”
State v. Searls, 2022-Ohio-858, 186 N.E.3d 328. · cites it 13דWe nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. Hacker, 2020-Ohio-5048, 161 N.E.3d 112. · cites it 4דR.C. 2929.144 is silent as to the impact of his gun specification on the minimum prison term as to Count One.”
State v. Wolfe, 2020-Ohio-5501. · cites it 4דegislature has authorized as a sentence for a felony of the second degree, (2)(a) For a felony of the second degree committed on or after the effective date of this amendment, the prison term shall be an indefinite prison term with a stated minimum term selected by the court of…”
State v. Rogers, 2022-Ohio-4126. · cites it 9ד14 and R.C. 2929.144. IV. The Reagan Tokes Act is unconstitutional as it impermissibly violates the Separation of Powers doctrine and the Due Process Clauses of the United States and Ohio Constitutions.”
State v. Thompson, 2021-Ohio-4027. · cites it 5ד14(A), and a maximum term determined by formulas set forth in R.C. 2929.144. The law also establishes a presumption that the offender will be released at the end of the minimum term.”
State v. Wilson, 2023-Ohio-1042. · cites it 11ד14(A)(1)(a), for felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144. R.C. 2929.144 provides…”
State v. Gutierrez-Reynoso, 2023-Ohio-3122. · cites it 12דHowever, while R.C. 2929.144 governs the calculation of the maximum term, R.”
State v. McLoyd, 2023-Ohio-3971, 227 N.E.3d 493. · cites it 13ד” For felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144, which provides the framework for…”
State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536. “It is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Gamble, 2021-Ohio-1810, 173 N.E.3d 132. “The trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Hacker, 2020-Ohio-5048, 161 N.E.3d 112. “R.C. 2929.144 is silent as to the impact of his gun specification on the minimum prison term as to Count One.”
State v. Reed, 2021-Ohio-1623. “011 and four newly-enacted statutes, one of which is R.C. 2929.144. Unlike R.C. 2901.011, R.C.”
State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536. “It is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Gamble, 2021-Ohio-1810, 173 N.E.3d 132. “The trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Wolfe, 2020-Ohio-5501. “egislature has authorized as a sentence for a felony of the second degree, (2)(a) For a felony of the second degree committed on or after the effective date of this amendment, the prison term shall be an indefinite prison term with a stated minimum term selected by the court of…”
State v. Bond, 2022-Ohio-1487. “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Searls, 2022-Ohio-858, 186 N.E.3d 328. “We nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. Bond, 2022-Ohio-1487. “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Rogers, 2022-Ohio-4126. “14 and R.C. 2929.144. IV. The Reagan Tokes Act is unconstitutional as it impermissibly violates the Separation of Powers doctrine and the Due Process Clauses of the United States and Ohio Constitutions.”
State v. Searls, 2022-Ohio-858, 186 N.E.3d 328. “We nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. Searls, 2022-Ohio-858, 186 N.E.3d 328. “We nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. McLoyd, 2023-Ohio-3971, 227 N.E.3d 493. “” For felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144, which provides the framework for…”
State v. Wilson, 2023-Ohio-1042. “14(A)(1)(a), for felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144. R.C. 2929.144 provides…”
State v. Gutierrez-Reynoso, 2023-Ohio-3122. “However, while R.C. 2929.144 governs the calculation of the maximum term, R.”
State v. Bond, 2022-Ohio-1487. “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
Ohio Rev. Code § 2929.144(B)(4): 10 cases
State v. Hacker, 2020-Ohio-5048, 161 N.E.3d 112. “R.C. 2929.144 is silent as to the impact of his gun specification on the minimum prison term as to Count One.”
State v. Gamble, 2021-Ohio-1810, 173 N.E.3d 132. “The trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536. “It is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Bond, 2022-Ohio-1487. “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Wolfe, 2020-Ohio-5501. “egislature has authorized as a sentence for a felony of the second degree, (2)(a) For a felony of the second degree committed on or after the effective date of this amendment, the prison term shall be an indefinite prison term with a stated minimum term selected by the court of…”
Ohio Rev. Code § 2929.144(C)(4)(a): 2 cases
State v. Rogers, 2022-Ohio-4126. “14 and R.C. 2929.144. IV. The Reagan Tokes Act is unconstitutional as it impermissibly violates the Separation of Powers doctrine and the Due Process Clauses of the United States and Ohio Constitutions.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.