State v. Hill, 07-Je-52 (6-25-2008)

OPINION

{¶ 1} Defendant-appellant, Timothy West, appeals his sixty-year sentence of imprisonment for six counts of rape of a child under thirteen years old 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. West advances three main arguments: (1) application of the Foster decision to his resentencing violates the ex post facto clause of the United States Constitution and violates his right to due process of law; (2) after Foster, there is no law authorizing consecutive prison terms;…