State v. Lester, 2-07-34 (3-17-2008)

OPINION

{¶ 1} The defendant-appellant, Stephen Lester, appeals the judgment of the Auglaize County Common Pleas Court sentencing him to serve eight years in prison. On appeal, Lester contends that his resentencing underState v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470, was inappropriate because he committed his offense prior to the Supreme Court's decision and that the holding in Foster created an ex post facto law in violation of due process. For the reasons set forth herein, we affirm the judgment of the trial court.

{¶ 2} On January 24, 2006, Lester waited in the parking lot…