456 N.E.2d 839 | Ohio Ct. App. | 1982
Appellant, Ernest Gregory, was convicted by a jury of two counts of *185
forcible rape of his ten year old daughter, Vergie, and sentenced to two consecutive life terms under R.C.
Appellant's tenth pro se assignment of error poses the following difficult question that is of first impression in the state of Ohio: whether he is entitled to an aggregate minimum term of fifteen years under R.C.
"Consecutive terms of imprisonment imposed shall not exceed:
"(1) An aggregate minimum term of twenty years, when the consecutive terms imposed include a term of imprisonment for murder and do not include a term of imprisonment for aggravated murder.
"(2) An aggregate minimum term of fifteen years, when the consecutive terms imposed are for felonies other than aggravated murder or murder. * * *"
We have held that when consecutive sentences are imposed for aggravated murder, murder, attempted manslaughter, and aggravated arson, the limitation of twenty years in R.C.
In the instant case, however, the two convictions were for rape under R.C.
"(B) Whoever violates this section is guilty of rape, a felony of the first degree. If the offender under division (A)(3) of this section purposely compels the victim to submit by force or threat of force, whoever violates division (A)(3) of this sectionshall be imprisoned for life." (Emphasis added.)
We are aware that R.C.
We believe, however, that the arguments favoring affirmance of the consecutive life sentences in this case are more persuasive. As between the specific provision in R.C.
We affirm the judgment below.
Judgment affirmed.
SHANNON, P.J., and KEEFE, J., concur.