State v. Smith, Unpublished Decision (5-31-2006)

{¶ 10} Because the appellant did not raise the issue under the rationale of Apprendi v. New Jersey (2000), 530 U.S. 466,120 S. Ct. 2348, 147 L. Ed. 2d 435, or Blakely v. Washington (2004), 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403, I would not address it sua sponte as plain error as the majority apparently does here without saying as much.