2008-Ohio-1635
No. 2008-0429.Supreme Court of Ohio.
April 9, 2008.
Greene App. No. 06-CA-164, 2007-Ohio-6697.
MOTION AND PROCEDURAL RULINGS.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals’ Decision and Entry filed February 6, 2008:
“Pursuant to [State v.] Foster [109 Ohio St.3d 1, 2006-Ohio-856], has R.C. 2929.14(D)(3)(b) been severed in its entirety, thereby precluding a trial court from imposing an additional sentence upon a person found to be a major drug offender? Alternatively, has the court’s decision i Foster severed only the violative portion of R.C. 2929.14(D)(3)(b) that required the trial court to engage in judicial fact finding before imposing an add-on sentence?”
The conflict cases are State v. Pena, Franklin App. No. 06AP-688, 2007-Ohio-4516, and State v.
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Foster, Wood App. No. WD-06-013, 2007-Ohio-1524.
Sua sponte, cause consolidated with 2008-0215, State v. Sanchez, Greene App. No. 06-CA-154, 2007-Ohio-6697.