State v. Riley
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[Cite as State v. Riley, 2006-Ohio-5988.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY STATE OF OHIO, Plaintiff-Appellee, : : CASE NO. CA2006-02-037 : OPINION 11/13/2006 - vs : JEFF MICHAEL RILEY, Defendant-Appellant. : : CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2005-07-1316 Robin N. Piper, Butler County Prosecuting Attorney, Lina N. Kirchner, Government Services th Center, 315 High Street, 11 Fl., Hamilton, Ohio 45011, for plaintiff-appellee Repper, Powers & Pagan, Ltd., Melynda W. Cook-Reich, 1501 First Avenue, Middletown, Ohio 45044, for defendant-appellant BRESSLER, J. {¶1} Defendant-appellant, Jeff Michael Riley, pled guilty to one fourth-degree felony charge of domestic violence in violation of R.C. 2929.25(A), and one fourth-degree felony charge of aggravated assault in violation of R.C. 2903.12. The trial court, citing R.C. 2929.14(C), sentenced appellant to maximum 18-month prison sentences on each count to be served concurrently. {¶2} Appellant presents one assignment of error which claims the trial court erred by Butler CA2006-02-037 imposing a maximum prison term. {¶3} In State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, the Ohio Supreme Court held that portions of Ohio's statutory sentencing scheme were unconstitutional. Those statutes found unconstitutional included R.C. 2929.14(C), concerning the imposition of a maximum prison term. Id. at ¶83, 97-99. The Foster court severed these sections from the sentencing code and instructed that all cases pending on direct review in which the unconstitutional sentencing provisions were utilized must be remanded for resentencing. Id. at ¶104. Because the trial court relied on R.C. 2929.14(C) to impose a maximum prison term, we must remand this case for resentencing consistent with Foster. {¶4} Appellant's sole assignment of error is sustained. {¶5} The judgment of the trial court is reversed as to sentencing only and the case is remanded for resentencing. WALSH, P.J., and YOUNG, J., concur. -2- [Cite as State v. Riley, 2006-Ohio-5988.]
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