State v. Burton, 05ca3 (4-4-2007)

DECISION AND JUDGMENT ENTRY

{¶ 1} Shawn Burton appeals his conviction in the Gallia County Common Pleas Court on five counts of gross sexual imposition, three counts of rape, and one count of forcible rape of a child under thirteen years of age. Burton contends that the trial court violated his right to a jury trial when it imposed a life sentence upon him without a specific jury finding on the element of "force or threat of force" with respect to the forcible rape of a child under thirteen charge. We disagree because the element of "force or threat of force" was submitted to the jury within…