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STATE v. HARDIE

No. 06CA37.

171 Ohio App.3d 429 (2007)

2007-Ohio-2755

The STATE of Ohio, Appellee, v. HARDIE, Appellant.

Court of Appeals of Ohio, Fourth District, Washington County.

Decided May 31, 2007.

Attorney(s) appearing for the Case

David H. Bodiker, State Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellant.

James E. Schneider, Washington County Prosecuting Attorney, and Alison Cauthorn, Assistant Prosecuting Attorney, for appellee.

KLINE, Judge.

{¶ 1} Robert V. Hardie Jr. appeals his resentence for R.C. 2907.02(A)(1)(b) rape in the Washington County Common Pleas Court. On appeal, Hardie contends that R.C. 2907.02(B) is unconstitutional because it requires a trial court to make one of three factual findings before imposing a prison term of life without parole. Because the statute does not require the trial court to make any factual finding and because the application of the...

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