STATE v. HART

No. 89AP-595.

72 Ohio App.3d 92 (1991)

The STATE of Ohio, Appellee, v. HART, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided January 8, 1991.


Attorney(s) appearing for the Case

Michael Miller, Prosecuting Attorney, Joyce Anderson and Katherine J. Press, for appellee.

James Kura, County Public Defender, and John W. Keeling, for appellant.


STRAUSBAUGH, Judge.

On October 25, 1988, defendant, Henry Hart, was indicted on single counts of aggravated burglary, attempted rape, kidnapping, gross sexual imposition, and robbery. All of the counts included the specification that defendant had been previously convicted of rape in 1975. Defendant was convicted on all counts by the jury and of the specification by the court.

Since all of the counts were based upon a single incident, the state elected to...

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