State v. Smith, 21833 (6-8-2007)

OPINION

{¶ 1} Edward L. Smith appeals from the trial court's termination entry imposing an aggregate eight-year prison sentence following our earlier remand for resentencing pursuant to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856.

{¶ 2} In his sole assignment of error, Smith contends the Ohio Supreme Court's Foster decision operates as an ex post facto law and violates his due process rights by removing the presumption of a minimum term of incarceration for first-time offenders.

{¶ 3} The record reflects that Smith was convicted of reckless homicide with a firearm specification. On March…