Ohio Court of Appeals May 31, 2007, No. 06CA37. (State v. Hardie)

Kline, Judge.

{¶ 1} Robert V. Hardie Jr. appeals his resentence for R.C. 2907.02(A)(1)(b) rape in the Washington County Common Pleas Court. On appeal, Hardie contends that R.C. 2907.02(B) is unconstitutional because it requires a trial court to make one of three factual findings before imposing a prison term of life without parole.