Legal Opinion

State v. Foster

Ohio Court of Appeals

Decided December 29, 2017No. C–160337Published

1Per curiam

{¶ 1} Defendant-appellant David Foster appeals from the Hamilton County Common Pleas Court's judgment overruling his "Motion to Vacate, Set-Aside, and Resentence Due to Void Judgment." We affirm the court's judgment as modified, but remand for correction of the sentencing entry.

{¶ 2} Foster was convicted in 2005 of conspiracy, drug possession, and drug trafficking. In his direct appeal, we vacated his sentences and remanded for resentencing in light of the Ohio Supreme Court's decision in State v. Foster , 109 Ohio St.3d 1 , 2006-Ohio-856 , 845 N.E.2d 470 . State v. Foster , 1st Dist.…

2Cases cited10 opinions

  1. State v. FosterOhio Supreme Court · 2006
  2. State v. FischerOhio Supreme Court · 2010
  3. State v. PayneOhio Supreme Court · 2007
  4. State ex rel. Cruzado v. ZaleskiOhio Supreme Court · 2006
  5. State v. BeasleyOhio Supreme Court · 1984

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