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STATE v. PAYNE

Nos. 2006-1245 and 2006-1383.

114 Ohio St.3d 502 (2007)

2007-Ohio-4642

THE STATE OF OHIO, Appellee, v. PAYNE, Appellant.

Supreme Court of Ohio.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Yeura R. Venters, Franklin County Public Defender, and Paul Skendelas, Assistant Public Defender, for appellant.

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellee.

O'CONNOR, J.

{¶ 1} This appeal comes to us in the wake of our decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. Foster, following Blakely v. Washington (2004), 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403, held that statutes that required "judicial fact-finding before imposition of a sentence greater than the...

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