State v. Brooks, 05 Ma 128 (5-14-2007)

OPINION

{¶ 1} Appellant Jerome T. Brooks raises issues relating to State v.Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470, as part of his postconviction relief filing. Foster held that certain aspects of Ohio's felony sentencing scheme were unconstitutional because they deprived criminal defendants of their Sixth Amendment right to have a jury, rather than the trial judge, decide all facts essential to the crimes forming the basis of the conviction. The felony sentencing issues that were resolved in Foster do not apply to postconviction relief proceedings, and Appellee is correct that…