The Ohio Court of Appeals recently reversed an indefinite prison sentence imposed on Dustin Green for serious sexual offenses. The court ruled that the sentence was contrary to law because it was based on a statute that did not apply to the crimes Green committed. This decision affects Green's future sentencing and clarifies the application of Ohio's Reagan Tokes Law.

The case, known as State v. Green, was filed under docket number 2025 AP 09 0032. Green was convicted of rape and gross sexual imposition involving a victim under the age of ten. The offenses occurred between 2014 and 2017, prior to the effective date of the Reagan Tokes Law, which was enacted on March 22, 2019.

The Ohio Court of Appeals, led by Judge Kevin W. Popham, ruled that the trial court had erred by imposing an indefinite sentence under the Reagan Tokes Law. This law allows for indefinite sentencing for certain felonies but only applies to offenses committed after its effective date. The court emphasized that the trial court lacked jurisdiction to impose a sentence under a law that did not apply to the offenses in question.

Background

Dustin Green was indicted by the Tuscarawas County Grand Jury on serious charges, including one count of rape and one count of gross sexual imposition. The charges stemmed from a continuous course of conduct that took place over three years. In April 2025, Green entered a guilty plea to an amended count of rape and gross sexual imposition as part of a negotiated plea agreement. This agreement eliminated the possibility of a life sentence.

On June 20, 2025, the trial court imposed an indefinite sentence of 15 to 20.5 years, which was jointly recommended by both parties. However, after a post-sentence hearing in August 2025, it was revealed that Green's sentence should have been governed by the law in effect at the time the offenses were committed, leading to his appeal.

The Ruling

The Ohio Court of Appeals ruled that the trial court's imposition of an indefinite sentence was unlawful. Judge Popham stated, “The imposition of an indefinite sentence under the RTL was unauthorized.” The court found that the Reagan Tokes Law applies only to offenses committed on or after its effective date, meaning that Green's offenses, committed between 2014 and 2017, fell outside this law's scope.

The court further clarified that a trial court cannot impose a sentence under a statutory scheme that does not apply to the offense. This ruling highlighted the importance of adhering to the law's effective dates and the statutory framework in place at the time of the offenses. The judges concurred in the decision, reinforcing the court's position on the issue.

Impact

This ruling has significant implications for Dustin Green and others in similar situations. It clarifies that sentences imposed under the Reagan Tokes Law cannot apply retroactively to offenses committed before its effective date. This decision may influence future cases involving the application of new sentencing laws and their effective dates.

Moreover, the ruling underscores the necessity for trial courts to carefully consider the legal framework when sentencing defendants. It protects defendants from being subjected to new laws that were not in effect at the time of their offenses, which could raise constitutional concerns.

What's Next

The Ohio Court of Appeals has remanded the case back to the trial court for resentencing. The trial court must impose a definite prison term in accordance with the law that was in effect when Green committed his offenses. This means that the trial court will need to conduct a new sentencing hearing and apply the appropriate statutes.