State v. Wells, Unpublished Decision (3-22-2000)

OPINION

Defendant-appellant, John Wells, appeals his conviction in the Jefferson County Court of Common Pleas on three counts of rape and two counts of rape by force or threat of force.

On October 10, 1997, appellant was indicted on five counts of rape of a child under the age of thirteen, in violation of R.C.2907.02(A)(1)(b). Two of the counts also contained an allegation that appellant used force or threat of force to accomplish the rape. The indictment did not name the alleged victims, but did indicate approximately when the separate counts were alleged to have occurred.

On October 17, 1997,…