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STATE v. FOSTER

No. 2012-0843.

134 Ohio St.3d 590 (2012)

2012-Ohio-5765

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

Supreme Court of Ohio.

Decided December 7, 2012.

Attorney(s) appearing for the Case

Mathias H. Heck Jr. , Montgomery County Prosecuting Attorney, and Johnna M. Shia , Assistant Prosecuting Attorney, for appellant.

Cicero Law Office and Anthony Cicero , for appellee.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Howard, 134 Ohio St.3d 467, 2012-Ohio-5738, 983 N.E.2d 341, and the cause is remanded to the trial court for resentencing.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN...

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