On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' Judgment Entry filed August 10, 2004:
"Is sexual battery under R.C. 2907.03(A)(1) a statutorily lesser included offense of rape under R.C. 2907.02(A)(2)?"
PFEIFER and O'DONNELL, JJ., dissent.
The conflict case is State v. Collins (1977),
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