State v. Harmon, C-070585 (8-29-2008)

DECISION. {¶ 1} In his single assignment of error, defendant-appellant Theodore R. Harmon asserts that the trial court erred in imposing a three-year term of imprisonment for violating the terms of a community-control sanction imposed in May 2005. The gravamen of Harmon's argument is that the trial court failed to apply the sentencing law in effect prior to the release of the Ohio Supreme Court's decision in State v.Foster1 to his July 2007 sentencing proceedings.

{¶ 2} In 2005, Harmon had entered pleas of guilty to two counts of pandering sexually oriented matter involving a minor, in…