State v. Nicholas

*434I

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 conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information may contain counts for all such offenses, but the defendant may be convicted of only…