In State v. Goggans, 5th Dist. No. 2006-CA-07-0051, 2007 Ohio 1433, the appellant argued the trial court abused its discretion in imposing the maximum sentence because the sentence was imposed upon factual findings in violation of Blakely v. Washington (2004), 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403. The appellant in Goggans pleaded to a felony of the fourth degree. The trial court conducted a sentencing hearing and on the record, the trial court found that appellant had served a prison term and then it reviewed the appellant's past domestic violence history. The trial court then sentenced the appellant to 18 months in prison, the maximum period of incarceration for the charge. The applicable sentencing range pursuant to R.C. 2929.14(A)(4) is "six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months." The appellant characterized the trial court's statements as impermissible judicial fact-finding pursuant to Foster. Goggans at P3-9.