State v. Gaston, 2006-P-0071 (11-21-2007)

OPINION

{¶ 1} Appellant, Daniel Gaston, appeals the sentence of the Portage County Court of Common Pleas upon the remand of this court for resentencing pursuant to State v. Foster, 109 Ohio St.3d 1,2006-Ohio-856. At issue is whether appellant's sentence is contrary to law and unconstitutional. For the reasons that follow, we reverse and remand for resentencing.

{¶ 2} In Common Pleas Case No. 2004 CR 324, the Portage County Grand Jury returned a two-count indictment against appellant charging him with aggravated robbery, a felony of the first degree, in violation of R.C.2911.01 with a firearm…