State v. Runyon

Summary

The Twelfth District Court of Appeals of Ohio held that the trial court erred by failing to provide Justyn W. Runyon with the mandatory Reagan Tokes notifications required by R.C. 2929.19(B)(2)(c) when imposing an indefinite prison sentence. Although the sentence was jointly recommended, the majority concluded that the omission rendered the sentence reviewable and remanded solely for the required notifications, without disturbing the conviction or other aspects of the sentence. The dissent would have found the appeal barred under R.C. 2953.08(D)(1) or the error harmless.

Holdings

1. A jointly recommended sentence is not authorized by law, and therefore remains reviewable under R.C. 2953.08(D)(1), when the trial court fails to comply with a mandatory sentencing provision.
2. When imposing a non-life felony indefinite prison term after determining that a prison term is necessary or required, the trial court must provide each of the five notifications specified in R.C. 2929.19(B)(2)(c)(i)-(v) during the sentencing hearing.
3. When the trial court completely fails to provide the mandatory Reagan Tokes notifications, the defendant need not demonstrate prejudice before obtaining a limited remand for resentencing.

Questions Presented

1. Whether an appellate court has jurisdiction under R.C. 2953.08(D)(1) to review a jointly recommended indefinite sentence when the trial court failed to provide the mandatory Reagan Tokes notifications.
2. Whether the failure to provide the notifications required by R.C. 2929.19(B)(2)(c)(i)-(v) requires reversal and a limited remand for resentencing.
3. Whether the defendant must demonstrate prejudice from the trial court's complete failure to provide the statutory notifications.

Disposition

reversed_and_remanded