[Cite as State v. Foster, 134 Ohio St.3d 590, 2012-Ohio-5765.]




             THE STATE OF OHIO, APPELLANT, v. FOSTER, APPELLEE.
          [Cite as State v. Foster, 134 Ohio St.3d 590, 2012-Ohio-5765.]
     Court of appeals’ judgment reversed on the authority of State v. Howard.
 (No. 2012-0843—Submitted December 4, 2012—Decided December 7, 2012.)
            APPEAL from the Court of Appeals for Montgomery County,
                              No. 24637, 2012-Ohio-1431.
                                  __________________
        {¶ 1} The judgment of the court of appeals is reversed on the authority of
State v. Howard, 134 Ohio St.3d 467, 2012-Ohio-5738, 983 N.E.2d 341, and the
cause is remanded to the trial court for resentencing.
        O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
 LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
                                  __________________
        Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and
Johnna M. Shia, Assistant Prosecuting Attorney, for appellant.
        Cicero Law Office and Anthony Cicero, for appellee.
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