State v. Bengal, 2006-L-123 (6-1-2007)

OPINION

{¶ 1} In the instant appeal, submitted on the record and briefs of the parties, defendant-appellant, David C. Bengal, appeals his judgment entry of sentence of the Lake County Court of Common Pleas, following this court's reversal and remand of his original sentencing judgment pursuant to the Ohio Supreme Court's decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856. For the reasons that follow, we affirm the judgment of the lower court.

{¶ 2} On December 15, 2004, Bengal pled guilty to two counts of Sexual Battery, felonies of the third degree, in violation of R.C.2907.03(A)(1)…