State v. Rogers, Unpublished Decision (12-19-2005)

OPINION

{¶ 1} Defendant-appellant, Chris Rogers, appeals his convictions and sentence in the Fayette County Court of Common Pleas for aggravated murder and tampering with evidence. We affirm the convictions, vacate his sentence, and remand the matter for resentencing.

{¶ 2} On January 17, 2003, appellant and Nathan Soward, along with several other friends, spent the evening together, drinking alcohol, smoking marijuana, and using cocaine. Appellant later phoned W.B., a minor, and invited him to join the group. He was overheard telling W.B. that "[it] was going to go down like Tupac."1 W.B. and…