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STATE v. FOSTER

No. 10-COA-033.

2011 Ohio 2480

State of Ohio, Plaintiff-Appellee, v. Dustin M. Foster, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Ashland County.

DATE OF JUDGMENT ENTRY: May 20, 2011.

Attorney(s) appearing for the Case

RAMONA FRANCESCONI ROGERS , Ashland County Prosecutor, 110 Cottage Street, Third Floor, Ashland, Ohio 44805, PAUL T. LANGE , Assistant Prosecuting Attorney, 110 Cottage Street, Third Floor, Ashland, Ohio 44805, for Plaintiff-Appellee.

DOUGLAS A. MILHOAN , P.O. Box 347, Middlebranch, Ohio 44652, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., Patricia A. Delaney, J.

OPINION

HOFFMAN, J.

{¶1} Defendant-appellant Dustin M. Foster appeals his sentence entered by the Ashland County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On June 19, 2010, Appellant struck two men in the back of the head with a hammer during a robbery. The men had to be lifeflighted to Cleveland Metro Hospital. Both men sustained fractured skulls...

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