Opinion
No. 2004-0485.
April 18, 2007.
Butler C.P. No. CR2003-03-0309.
Motion and Procedural Rulings
On application for reopening under S.Ct.Prac. R. XI(6). Application granted with respect to Proposition of Law No. VI — whether appellate counsel was ineffective by failing to challenge the appellant's noncapital sentences as a violation of Blakely v. Washington (2004), 542 U.S. 296, and State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. Judgment vacated as to the noncapital sentences only. In accordance with S.Ct.Prac. R. XI(6)(I), cause remanded to the trial court for resentencing on the noncapital offenses in accordance with State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470.
LANZINGER, J., dissents.