Ohio Court of Appeals March 15, 2007, No. 88165. (State v. Simon, Unpublished Decision (3-15-2007))

{¶ 1} Defendant-appellant, Charles Simon, appeals his sentence as being unconstitutional pursuant to State v. Foster, 109 Ohio St.3d 1,2006-Ohio-856. For the reasons set forth below, we vacate appellant's sentence and remand for resentencing. {¶ 2} Appellant was indicted by a Cuyahoga County Grand Jury on twelve counts. Count one charged rape with force of a victim less than 13 years old.