State v. Henderson, 22076 (12-19-2008)

OPINION

{¶ 1} Defendant, Thomas Tyrone Henderson, was convicted following a jury trial of aggravated burglary in violation of R.C. 2911.11(A)(1). The trial court sentenced Defendant to eight years in prison. On direct appeal, State v. Henderson, Montgomery App. No. 21481, 2007-Ohio-134, this court affirmed Defendant's conviction but reversed his sentence and remanded the matter for resentencing pursuant to State v. Foster, 109 Ohio St.3d 1,2006-Ohio-856.

{¶ 2} On January 25, 2007, the trial court resentenced Defendant to the same eight year prison term it had previously imposed. On January 30,…