Opinion
No. 2012–0843.
2012-12-7
The STATE of Ohio, Appellant, v. FOSTER, Appellee.
Appeal from the Court of Appeals for Montgomery County, No. 24637,2012-Ohio-1431, 2012 WL 1079848. Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Johnna M. Shia, Assistant Prosecuting Attorney, for appellant. Cicero Law Office, Dayton, and Anthony Cicero, Canton, for appellee.
Appeal from the Court of Appeals for Montgomery County, No. 24637,2012-Ohio-1431, 2012 WL 1079848.
Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Johnna M. Shia, Assistant Prosecuting Attorney, for appellant. Cicero Law Office, Dayton, and Anthony Cicero, Canton, for appellee.
[Ohio St.3d 591]{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Howard, 134 Ohio St.3d 467, 2012-Ohio-5738, 983 N.E.2d 341, and the cause is remanded to the trial court for resentencing.