State v. Foti

In State v. Foti, Lake App. No. 2006-L-138, 2007 Ohio 887, the court specifically recognized that "The Ohio Supreme Court, in State v. Foster, expressly held that the 'normal course' to be followed when a statute is deemed void 'is to vacate that sentence and remand to the trial court for a new sentencing hearing.'" Foti, supra, quoting Foster, 109 Ohio St.3d at 31. Despite this, the Foti court emphasized that the remedy of vacating a sentence following the Foster decision is to be applied to only "'those (cases) pending on direct review.'" Foti, supra.