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STATE v. HODGE

No. 2009-1997.

128 Ohio St.3d 1 (2010)

2010-Ohio-6320

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

Supreme Court of Ohio.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Ronald W. Springman Jr. and Rachel Lipman Curran , Assistant Prosecuting Attorneys, for appellee.

Janet Moore , Attorney at Law L.L.C., and Janet Moore; and Ohio Justice and Policy Center, David A. Singleton , Angelina N. Jackson , and Peter C. Link , for appellant.

Kenneth W. Oswalt , Licking County Prosecuting Attorney, urging affirmance for amicus curiae Licking County Prosecuting Attorney.

Sherri Bevan Walsh , Summit County Prosecuting Attorney, and Heaven DiMartino , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.

CUPP, J.

{¶ 1} In State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470, this court held some sections and provisions of Ohio's sentencing statutes unconstitutional based on the decisions of the United States Supreme Court in Blakely v. Washington (2004), 542 U.S. 296, 124 S.Ct...

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