2006-Ohio-1329, 844 N.E.2d 856

State v. Shells.

No. 2005-2321.Supreme Court of Ohio.
March 29, 2006.

Montgomery App. No. 20802, 2005-Ohio-5787.

APPEALS NOT ACCEPTED FOR REVIEW

MOYER, C.J., would accept the discretionary appeal on Proposition of Law No. V and reverse the

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judgment of the court of appeals on the authority of State v. Foster, ___ Ohio St.3d ___, 2006-Ohio-856, and remand the cause for resentencing.