State v. Collins, Unpublished Decision (6-24-2002)

I concur in the majority's conclusion that appellant's rape conviction is not against the manifest weight of the evidence. Thus, I agree that appellant's second assignment of error is meritless. Unlike the majority, however, I also find no merit in the appellant's first assignment of error. Based upon the analysis and rationale in State v. Barnes (2002),94 Ohio St.3d 21, 27, and the fact that the appellant has not raised the issue, I would not reverse on the basis of plain error.