State v. Abdullah, 07ap-427 (12-27-2007)

OPINION

{¶ 1} Defendant-appellant, Norman S. Abdullah, appeals from a judgment of the Franklin County Court of Common Pleas that, upon remand from this court, amended two counts of rape in an indictment to reflect conduct in the form of digital penetration rather than vaginal intercourse, and that reinstated convictions for rape. Because the trial court did not abuse its discretion, we affirm the trial court's judgment.

{¶ 2} By indictment filed on December 8, 2003, defendant was charged with one count of kidnapping by force with purpose to engage in sexual activity; one count of attempted rape…