[Cite as State v. January, 2007-Ohio-435.]
IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO STATE OF OHIO Plaintiff-Appellee v. NAAMON JANUARY Defendant-Appellant : : .......... OPINION Rendered on the 2nd day of February , 2007. : : : : C.A. CASE NO. 2006 CA 21 T.C. NO. 05 CR 1018 (Criminal Appeal from Common Pleas Court)
.......... WILLIAM H. LAMB, Atty. Reg. No. 0051808, Assistant Clark County Prosecutor, 50 E. Columbia Street, 4th Floor, P. O. Box 1608, Springfield, Ohio 45501 Attorney for Plaintiff-Appellee CHRISTOPHER C. BAZELEY, Atty. Reg. No. 0077473, 7333 Paragon Road, Suite 200, Dayton, Ohio 45459 Attorney for Defendant-Appellant .......... DONOVAN, J. {¶ 1} This matter is before the Court on the Notice of Appeal of Naamon January, filed March 1, 2006. On January 11, 2006, January pled guilty to one count of rape, in violation of R.C. 2907.02(A)(2), a felony of the first degree. The trial court imposed a maximum sentence of ten years and found January to be a habitual sexual offender on February 1, 2006. January asserts the
2 following sole assignment of error: {¶ 2} “THE SENTENCE IMPOSED UPON APPELLANT WAS UNLAWFUL IN THAT IT WAS BASED ON FINDINGS UNDER A STATUTE LATER FOUND UNCONSTITUTIONAL IN STATE V. FOSTER.” {¶ 3} January relies on State v. Foster, 109 Ohio St.3d 1, 845 N.E.2d 470, 2006-Ohio-856. “Foster established a bright-line rule that any pre-Foster sentence to which the statutorily required findings of fact applied (i.e. more-than-minimum, maximum, and consecutive sentences), pending on direct review at the time that Foster was decided, must be reversed, and the cause remanded for resentencing in accordance with Foster, if the sentence is a subject of the appeal.” State v. Logsdon, Clark App. No. 2005-CA-66, 2006-Ohio-6833. {¶ 4} We agree that Foster applies here and that January was sentenced in violation of the rule articulated therein. Accordingly, we sustain Johnson’s assignment of error, reverse the trial court’s judgment and remand the cause for resentencing consistent with Foster.
.......... WOLFF, P.J. and FAIN, J., concur. Copies mailed to: William H. Lamb Christopher C. Bazeley Hon. Douglas M. Rastatter
