State V Yarbrough

Dejuane Terrell Yarbrough appealed his judgment of conviction for aggravated possession of drugs. On August 30, 2024, he was indicted on two counts of aggravated possession of drugs, one count of possession of a fentanyl-related compound, and one count of possession of cocaine. On March 5, 2025, Yarbrough pled guilty to aggravated possession of drugs (50x bulk > 100x bulk), and the remaining counts were dismissed. At disposition on May 28, 2025, the trial court imposed a mandatory definite minimum term of 7 years to an indefinite maximum term of 10.5 years under the Reagan Tokes Law. The trial court improperly advised Yarbrough that he was entitled to counsel if the ODRC held a hearing to determine if an additional prison term should be imposed. The appellate court reversed the trial court's judgment with respect to his sentence only, remanding the matter for the sole purpose of properly advising Yarbrough consistent with the Reagan Tokes Law, while affirming the judgment in all other respects.

The appellant Yarbrough appealed his conviction, arguing that the trial court failed to properly advise him of his rights under the Reagan Tokes Law at disposition. Specifically, Yarbrough contended that the trial court erred in advising him twice that counsel would be appointed to represent him at additional term hearings under R.C. 2967.271. The appellate court examined whether this advisement fundamentally altered the notification required by the Reagan Tokes Law. The court found that while the statute does not provide for counsel at R.C. 2967.271 hearings, the trial court's statement that the defendant was entitled to counsel fundamentally altered the required advisement. Consequently, the judgment was reversed with respect to the sentence and remanded for proper notice under the Reagan Tokes Law.

The trial court's judgment is reversed with respect to the sentence only, and the matter is remanded for the sole purpose of properly advising the appellant consistent with the Reagan Tokes Law. The judgment of the trial court is affirmed in all other respects.

Under the Reagan Tokes Law (R.C. 2967.271), there is a rebuttable presumption that a defendant sentenced to an indefinite prison term will be released upon expiration of the minimum prison term or presumptive earned early release date. The Ohio Department of Rehabilitation and Correction may rebut this presumption through hearings if the inmate violates prison rules, has been placed in restrictive housing, or is classified at security level three or above. The trial court must notify offenders of these rights and procedures at sentencing, including that the department may make determinations more than one time. However, inmates are not entitled to counsel at additional term hearings under R.C. 2967.271. Appellate courts review felony sentences under R.C. 2953.08(G)(2), vacating and remanding only if the record doesn't support findings or the sentence is contrary to law.