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State v. Sanchez

Supreme Court of Ohio
Apr 9, 2008
2008 Ohio 1635 (Ohio 2008)

Opinion

No. 2008-0429.

April 9, 2008.

Greene App. No. 06-CA-164, 2007-Ohio-6697.


MOTION AND PROCEDURAL RULINGS.

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' Decision and Entry filed February 6, 2008:

"Pursuant to [State v.] Foster [ 109 Ohio St.3d 1, 2006-Ohio-856], has R.C. 2929.14(D)(3)(b) been severed in its entirety, thereby precluding a trial court from imposing an additional sentence upon a person found to be a major drug offender? Alternatively, has the court's decision in Foster severed only the violative portion of R.C. 2929.14(D)(3)(b) that required the trial court to engage in judicial fact finding before imposing an add-on sentence?"

The conflict cases are State v. Pena, Franklin App. No. 06AP-688, 2007-Ohio-4516, and State v. Foster, Wood App. No. WD-06-013, 2007-Ohio-1524.

Sua sponte, cause consolidated with 2008-0215, State v. Sanchez, Greene App. No. 06-CA-154, 2007-Ohio-6697.


Summaries of

State v. Sanchez

Supreme Court of Ohio
Apr 9, 2008
2008 Ohio 1635 (Ohio 2008)
Case details for

State v. Sanchez

Case Details

Full title:State v. Sanchez

Court:Supreme Court of Ohio

Date published: Apr 9, 2008

Citations

2008 Ohio 1635 (Ohio 2008)
2008 Ohio 1635