STATE v. KALISH

No. 2007-1703.

120 Ohio St.3d 23 (2008)

2008-Ohio-4912

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

Supreme Court of Ohio.

Decided October 2, 2008.


Attorney(s) appearing for the Case

Charles E. Coulson, Lake County Prosecuting Attorney, and Alana A. Rezaee, Assistant Prosecuting Attorney, for appellee.

Rosplock & Perez and Richard J. Perez; and Jesse M. Schmidt, for appellee.

Timothy Young, Ohio Public Defender, and Kelly K. Curtis, Assistant State Public Defender, urging reversal for amicus curiae Ohio Public Defender.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.


O'CONNOR, J.

{¶ 1} The issue before us today is yet another remnant from our decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. In Foster, we severed the judicial-fact-finding portions of R.C. 2929.14, holding that "trial courts have full discretion to impose a prison sentence within the statutory range and are no longer required to make findings or...

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