State v. Bowshier, 2005 Ca 105 (4-6-2007)
State v. Bowshier, 2005 Ca 105 (4-6-2007)
Opinion of the Court
{¶ 2} "THE TRIAL COURT ERRED IN SENTENCING THE DEFENDANT TO CONSECUTIVE SENTENCES ON THE THREE COUNTS OF TRAFFICKING IN DRUGS, AS A CONSEQUENCE FAILURE TO MAKE THE FINDINGS REQUIRED BY O.R.C.
{¶ 3} "THE TRIAL COURT ERRED IN SENTENCING THE DEFENDANT TO CONSECUTIVE SENTENCES ON THE THREE COUNTS OF TRAFFICKING IN DRUGS, BY FAILING TO ALIGN THE REASONS THAT CORRESPOND TO FINDING REQUIRED BY O.R.C.
{¶ 4} "TO THE EXTENT THE TRIAL COURT ENGAGED IN JUDICIAL FACTFINDING TO SUPPORT IMPOSITION OF CONSECUTIVE SENTENCES PURSUANT TO O.R.C.
{¶ 5} We will address his first and third assignments of error together since Bowshier relies on State v. Foster,
{¶ 6} We agree that Foster applies here and that Bowshier was sentenced in violation of the rule articulated therein. Accordingly, we sustain Bowshier's first and third assignments of error. We reverse the trial court's judgment and remand the cause for re-sentencing consistent with Foster.
{¶ 7} As a result, the second assignment of error is moot.
FAIN, J. and WALTERS, J., concur.
(Hon. Sumner E. Walters retired from the Third District Court of Appeals sitting by assignment of the Chief Justice of the Supreme Court of Ohio). *Page 1
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