No Foster Sentencing Error Made by Trial Court
In State v. Kerr, 6th Dist. No. WD-05-080, 2006 Ohio 6058, the Court found no Foster sentencing error.
The Court noted that the trial court did not specifically reference any of the statutes held to be unconstitutional by Foster. Id., P 35.
The Court also stated that "insofar as the court failed to make any findings pursuant to R.C. 2929.19(B)(2) or R.C. 2929.14(E)(4), we conclude that the court committed no error." Id.
However, in Kerr, the closest to a post-Foster prohibited finding made by the trial court was its observation that "appellant committed the offense while he was on release 'from the custody of another court system.'" This comment is not as close to the prohibited specific language of R.C. 2929.14(B) and (E)(4), that the trial court used in the present case.