2004-Ohio-5405, 816 N.E.2d 253
2004-1457.Supreme Court of Ohio.
October 13, 2004.
Franklin App. No. 03AP-746, 2004-Ohio-3557.
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), 60 Ohio App.2d 116, 396 N.E.2d 221.