The state agrees with Storms that his sentence may be impacted by the Ohio Supreme Court's decision in State v. Foster. The state has no objection to having Storms returned to the trial court for re-sentencing.

170

We don't have any options. For us to involve ourselves in the middle of this will risk one side or the other (identifying) us with the other side.

166

It would be like throwing eggs against a brick wall.

68