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STATE v. FERNBACH

Nos. CA2006-11-130, CA2006-11-131

2008 Ohio 5670

State of Ohio, Plaintiff-Appellee, v. Richard Fernbach, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Warren County.

November 3, 2008.

Attorney(s) appearing for the Case

Rachel A. Hutzel, Warren County Prosecuting Attorney, Leslie Meyer, Joshua Engel, 500 Justice Drive, Lebanon, Ohio 45036, for plaintiff-appellee.

John J. Helbling, 5848 Cheviot Road, Suite 183, Cincinnati, Ohio 45247, for defendant-appellant.

OPINION

BRESSLER, J.

{¶1} Defendant-appellant, Richard Fernbach, appeals a decision of the Warren County Court of Common Pleas resentencing him after his sentence was reversed and the case remanded for resentencing pursuant to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856.

{¶2} In June 2005, appellant was indicted for felonious assault, domestic violence and...

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