COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                        NO. 70266 and 70267
                                   :
STATE OF OHIO                      :
                                   :       JOURNAL ENTRY
          Plaintiff-Appellee       :
                                   :            and
     -vs-                          :
                                   :          OPINION
                                   :
ROBERT SHAINOFF                    :
                                   :
          Defendant-Appellant      :
                                   :
DATE OF ANNOUNCEMENT                    DECEMBER 19, 1996     
OF DECISION:
CHARACTER OF PROCEEDING:           Criminal appeal from
                                   Common Pleas Court
                                   Case Nos. CR-298047 
                                   and CR-302896
JUDGMENT:                          Affirmed.
DATE OF JOURNALIZATION:            __________________________
APPEARANCES:
For Plaintiff-Appellee:            For Defendant-Appellant:
STEPHANIE TUBBS JONES, ESQ.        UCHE MGBARAHO, ESQ.  
Cuyahoga County Prosecutor         1677 E. 40th Street at Payne
ARTHUR ELKINS, ESQ.                Union Steel Screw Building
Assistant County Prosecutor        Cleveland, Ohio  44103-2304
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio  44113
                                -3-
PATRICIA ANN BLACKMON, J.: 
     This  appeal  raises  the  issue  whether attempted  rape  and
attempted   felonious   sexual   penetration   are   probationable.
Probationable offenses are any offenses not specifically enumerated
in  R.C. 2951.02(F).   R.C. 2951.02(F)  in substance  provides that
probation shall not be given to  repeat or dangerous offenders, nor
to  those  who are  found guilty  of  aggravated murder  or murder,
offenses other than carrying a concealed weapon committed while the
offender  was armed  with a  firearm or  dangerous ordnance,  rape,
felonious sexual penetration, or carrying a concealed weapon aboard
an aircraft.  Also, probation is  not available to repeat offenders
who  have committed aggravated vehicular homicide  or who have been
sentenced to a term of actual incarceration.  
     Here Robert Shainoff  appeals his conviction for  three counts
of  attempted  felonious sexual  penetration,  two counts  of gross
sexual  imposition,  and one  count  of attempted  rape.   Shainoff
assigns the following errors for our review:
          THE TRIAL  COURT DID  NOT SUBSTANTIALLY  COMPLY
          WITH CRIM.R.  11(C) WHEN IT  ACCEPTED A  GUILTY
          PLEA FOR THE  (SIC) NONPROBATIONABLE CRIMES  OF
          ATTEMPTED  FELONIOUS  SEXUAL  PENETRATION (SIC)
          ATTEMPTED GROSS SEXUAL IMPOSITION AND ATTEMPTED
          RAPE WITHOUT  INFORMING THE  DEFENDANT THAT  HE
          WAS NOT ELIGIBLE FOR PROBATION, SHOCK PROBATION
          OR SHOCK PAROLE.
     Having  reviewed  the record  and  the parties'  arguments, we
affirm the trial court's decision.
                                -4-
     This court adopts the holding in State v. Long (1990), 68 Ohio
App.3d 663 (attempted rape is probationable).  Where a crime is not
specifically mentioned in  R.C. 2951.02(F),  it is understood  that
the legislature intended  to exclude that crime  from consideration
as  non-probationable  (expressio  unius  est  exclusio  alterius).
Since attempted rape is not mentioned in the statute it is,  there-
fore, probationable.  Consequently, the trial court is not required
to  advise a defendant  on eligibility for  probation.   It is only
required to inform  the defendant  on ineligibility for  probation.
State  v. Floyd  (October  13,  1993),  Scioto App.  No.  92CA2102,
unreported. 
     Accordingly, the  trial court  did not  error, and  Shainoff's
assignment of error is overruled.
     Judgment affirmed.
                                -5-
     It  is ordered  that Appellee recover  of Appellant  its costs
herein taxed.
     The court finds there were reasonable grounds for this appeal.
     It is ordered that a special  mandate issue out of this  court
directing  the  Common  Pleas  Court to  carry  this  judgment into
execution.  The  defendant's conviction  having been affirmed,  any
bail pending  appeal is  terminated.   Case remanded  to the  trial
court for execution of sentence.
     A certified  copy of this  entry shall constitute  the mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
JAMES D. SWEENEY, P.J., and
KARPINSKI, J.,  CONCUR.    
                                        PATRICIA ANN BLACKMON
                                                JUDGE
     "N.B.  This entry is an  announcement of the court's decision.
See App.R. 22(B),  22(D) and 26(A);  Loc.App.R. 27.  This  decision
will be journalized and  will become the judgment and order  of the
court pursuant to  App.R. 22(E) unless a motion for reconsideration
with supporting brief, per  App.R. 26(A), is filed within  ten (10)
days of  the announcement of the court's decision.  The time period
for review by the Supreme Court of Ohio shall begin to run upon the
.