Legal Opinion

State v. Fernbach, Ca2006-11-130 (11-3-2008)

Ohio Court of Appeals

Decided November 3, 2008No. Nos. CA2006-11-130, CA2006-11-131PublishedCited by 3 opinions

1Opinion of the Court

OPINION

{¶ 1} Defendant-appellant, Richard Fernbach, appeals a decision of the Warren County Court of Common Pleas resentencing him after his sentence was reversed and the case remanded for resentencing pursuant toState v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856.

{¶ 2} In June 2005, appellant was indicted for felonious assault, domestic violence and endangering children. The charges were the result of an incident in which appellant broke his girlfriend's jaw while their child was present. On August 3, 2005, as part of a plea bargain, appellant pled guilty to felonious assault and the remaining…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. State v. FosterOhio Supreme Court · 2006
  4. Ungar v. SarafiteSupreme Court of the United States · 1964
  5. Alabama v. SmithSupreme Court of the United States · 1989

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3Cited by3 opinions

  1. State v. SmithOhio Court of Appeals · 2012
  2. State v. McDonaldOhio Court of Appeals · 2014
  3. State v. SeymourOhio Court of Appeals · 2014

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