An order conditionally granting habeas relief to a defendant convicted of rape and related crimes and sentenced to an indeterminate sentence with a minimum term of thirty years and a maximum term of life is reversed as the sentence does not violate Blakely because the judicial fact-finding at issue merely increased his minimum sentence without affecting his maximum term of imprisonment, and thus, defendant's sentence does not violate the Sixth Amendment.
Argued: October 6, 2009
Decided and Filed: December 16, 2009
Opinion by Circuit Judge Sutton
For Appellant: Thelma T. Price, Office of the Ohio Attorney General
For Appellee: Kristopher A. Haines, Ohio's Public Defender's Office