State v. McLeod, 07-Je-17 (7-1-2008)

OPINION

{¶ 1} Defendant-appellant, Albert P. McLeod, III, appeals his ten and one-half year sentence for two counts of felonious assault and one count of carrying a weapon while under disability in the Jefferson County Common Pleas Court upon resentencing after this court remanded pursuant to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470.

{¶ 2} On January 3, 2004, McLeod approached a vehicle parked outside of the Safari Lounge, opened fire on the vehicle, and shot Terrell Sayles in the leg. McLeod was subsequently indicted on three counts as follows: count one — felonious…