
    The State of Ohio, Appellant, v. Foster, Appellee.
    [Cite as State v. Foster, 134 Ohio St.3d 590, 2012-Ohio-5765.]
    
      (No. 2012-0843
    Submitted December 4, 2012
    Decided December 7, 2012.)
    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.
   {¶ 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.  