State v. Kalish

{¶ 1} The issue before us today is yet another remnant from our decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. In Foster, we severed the judicial-fact-finding portions of R.C. 2929.14, holding that “trial courts have full discretion to impose a prison sentence within the statutory range and are no longer required to make findings or give their reasons for imposing maximum, consecutive, or more than the minimum sentences.” Id. at ¶ 100.

{¶ 2} In so doing, we recognized that Foster would affect subsequent appellate review of sentencings, noting that “[t]he…