STATE OF OHIO, Plaintiff-Appellant,
v.
JAMES L. FOSTER, Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on March 30, 2012.
Rendered on March 30, 2012.
Attorney(s) appearing for the Case
MATHIAS H. HECK, JR. , by JOHNNA M. SHIA , Atty. Reg. #0067685, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.
ANTHONY R. CICERO , Atty. Reg. #0065408, Cicero Law Office, LLC, 500 East Fifth Street, Suite 100, Dayton, Ohio 45402, Attorney for Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} The State of Ohio appeals from the sentence imposed upon defendant-appellee James L. Foster on his plea of guilty to two counts of Failure to Notify, in violation of R.C. 2950.05(A)(1) and (F)(1). The State urges us to overrule State v. Milby, 2d Dist. Montgomery No. 23978, 2010-Ohio-6344, and a line of subsequent cases, and hold that a person convicted of Failure to Notify should be sentenced under the version...
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