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STATE v. NICHOLAS

No. 92-194.

66 Ohio St.3d 431 (1993)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. NICHOLAS, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 16, 1993.

Attorney(s) appearing for the Case

Timothy A. Oliver, Warren County Prosecuting Attorney, JoAnne V. Hask and Joan Robinson, Assistant Prosecuting Attorneys, for appellant and cross-appellee.

Scott Nicholas, pro se, for appellee.

James Kura, Ohio Public Defender, Barbara A. Farnbacher and Kenneth R. Spiert, Assistant Public Defenders, for cross-appellant.

David L. Landefeld, urging reversal on appeal for amicus curiae, Ohio Prosecuting Attorneys Association.

K. Ronald Bailey and Barry W. Wilford, urging reversal on cross-appeal for amicus curiae, Ohio Association of Criminal Defense Lawyers.

Per Curiam.

I

The appellate court below concluded that the one count of vaginal rape, the one count of oral rape and the one count of digital felonious sexual penetration charged in the indictment of appellee are allied offenses of similar import which dictate the imposition of only one sentence with respect to all three counts. R.C. 2941.25 governs this issue. It provides:

"(A) Where the same...

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