State v. Smith
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[Cite as State v. Smith, 2007-Ohio-2835.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT HURON COUNTY State of Ohio Appellee Court of Appeals No. H-06-039 Trial Court No. CRI-2005-0359 v. Michael E. Smith Appellant DECISION AND JUDGMENT ENTRY Decided: June 8, 2007 ***** Russell V. Leffler, Huron County Prosecuting Attorney, for appellee. K. Ronald Bailey, for appellant. ***** SINGER, J. {¶ 1} This is an accelerated appeal from a sentencing judgment of the Huron County Court of Common Pleas. {¶ 2} In 2005, appellant, Michael E. Smith, pled guilty to two counts of inducing panic, fourth degree felonies, and attempted voyeurism, a misdemeanor. Appellant had called an elementary school, threatening to kidnap and rape a student. Following a presentence investigation, the trial court sentenced him on the felonies to maximum, consecutive terms of incarceration, 18 months on each count, and an additional 30 days for the misdemeanor. {¶ 3} In 2006, on appeal, we vacated appellant's sentence pursuant to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856. State v. Smith, 6th Dist. No. H-05-019, 2006Ohio-4808, ¶ 6. On remand, the trial court, within its discretion, reimposed the same sentence. Appellant now again appeals his sentence, arguing in a single assignment of error that resentencing under Foster violates the Ex Post Facto Clauses of both the Ohio and United States Constitutions. {¶ 4} On the authority of State v. Coleman, 6th Dist. No. S-06-023, 2007-Ohio448, appellant's sole assignment of error is found not well-taken. {¶ 5} The sentencing judgment of the Huron County Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal, pursuant to App.R. 24. Judgment for the clerk's expense incurred in preparation of the record, fees allowed by law and the fee for filing the appeal is awarded to Huron County. JUDGMENT AFFIRMED A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4. 2. State v. Smith C.A. No. H-06-039 Peter M. Handwork, J. _______________________________ JUDGE Arlene Singer, J. Thomas J. Osowik, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio's Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court's web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6. 3.
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