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STATE v. BARNES

Nos. 81-1, 81-2, and 81-3.

68 Ohio St. 2d 13 (1981)

THE STATE OF OHIO, APPELLANT, v. BARNES, APPELLEE. THE STATE OF OHIO, APPELLANT, v. BARNES, JR., APPELLEE. THE STATE OF OHIO, APPELLANT, v. BARNES, SR., APPELLEE.

Supreme Court of Ohio.

Decided October 28, 1981.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. William E. Breyer, for appellant.

Messrs. Furer, Moskowitz, Siegel & Mezibov and Mr. Marc D. Mezibov for appellee Barnes.

Mr. Dale G. Schmidt, for appellee Barnes, Jr.

Mr. Thomas E. Dunlap, for appellee Barnes, Sr.

Per Curiam.

The sole question for review is whether under R. C. 2941.25(B)2, entry into two bodily orifices constitutes two separate rape offenses of the same or similar kind for both of which a defendant may be convicted.

In Ohio, either vaginal intercourse or fellatio constitutes separate sexual conduct, each punishable as rape under R. C. 2907.01(A). See footnote 1.

With reference to the application of division...

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