COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73005
STATE OF OHIO                    :
                                 :       JOURNAL ENTRY
          Plaintiff-Appellee     :
                                 :            and
     -vs-                        :
                                 :          OPINION
JOHN LUF                         :
                                 :
          Defendant-Appellant    :
                                 :
DATE OF ANNOUNCEMENT                    SEPTEMBER 17, 1998
OF DECISION:
CHARACTER OF PROCEEDING:         Criminal appeal from
                                 Common Pleas Court
                                 Case No. CR-324679
JUDGMENT:                        Affirmed.
DATE OF JOURNALIZATION:
APPEARANCE:
For Plaintiff-Appellee:          STEPHANIE TUBBS JONES, ESQ.
                                 Cuyahoga County Prosecutor
                                 EDWARD M. WALSH, ESQ.
                                 8TH Floor Justice Center
                                 1200 Ontario Street
                                 Cleveland, Ohio 44113
For Defendant-Appellant:         JEAN M. GALLAGHER, ESQ.
                                 Assistant Public Defender
                                 100 Lakeside Place
                                 1200 West Third Street
                                 Cleveland, Ohio 44113
                               -2-
PATRICIA ANN BLACKMON, A.J.:
     Appellant John Luf appeals his three (3) to fifteen (15) year
sentence for attempted rape.  Luf was sentenced on July 8, 1996 and
now argues he should have been sentenced under Senate Bill 2, which
was effective July 1, 1996, and which established the new penalty
for attempted rape as two, three, four, five, six, seven or eight
years.  He assigns the following error for our review:
          THE TRIAL  COURT  COMMITTED PLAIN  ERROR  AND
          IMPOSED AN ILLEGAL SENTENCE, WHEN THE SENTENCE
          IMPOSED AFTER JULY  1, 1996,  FOR AN  OFFENSE
          COMMITTED BEFORE JULY  1, 1996,  WAS NOT  THE
          LESSER PENALTY UNDER THE LAW EFFECTIVE JULY 1,
          1996, AS REQUIRED BY R.C. 1.58(B), WHICH  WAS
          NEITHER AMENDED NOR REPEALED BY SECTION 5  OF
          SENATE BILL 2 OR SECTION 3 OF 269 SENATE BILL
          269.
     After reviewing the record and arguments of the parties,  we
affirm the  trial court's decision in  light of the Ohio  Supreme
Court's recent decision in State v. Rush (1998), 83 Ohio St.3d 53.
     Appellant pleaded  guilty  to attempted  rape after  he  was
indicted for rape, kidnapping, and aggravated robbery.  The trial
court sentenced him to three (3) to fifteen (15) years in prison on
July 8, 1996.  On July 1, 1996, Senate Bill 2 became effective and
changed indefinite sentences for the indicted offenses to definite
terms of imprisonment.  Appellant maintains that the trial  court
should have given him the option of being sentenced under the new
law to a lesser  penalty since R.C. 1.58  entitles him to such  a
reduction. Additionally, he argues the sentencing was plain error
in light  of our decision  in State v.  Delgado (April 9,  1998),
Cuyahoga App. No. 71497, unreported (en banc).
                               -3-
     In Delgado, the majority of this court held that a defendant
in such  a situation is  entitled to the  benefit of the  claimed
lesser penalty set forth in the new law.  However, the Ohio Supreme
Court reached a different conclusion in Rush.
          Because the  General Assembly  has  expressly
          stated the  amended sentencing provisions  of
          Am.Sub.S.B. No. 2 are applicable only to those
          crimes committed  on or  after its  effective
          date, R.C.  1.58(B)  is  inapplicable.    The
          amended sentencing provisions of  Am.Sub.S.B.
          No. 2 apply only to those crimes committed on
          or after July 1, 1996.
Rush at 58.
     Accordingly,  appellant's  sole   assignment  of  error   is
overruled.
     Judgment affirmed.
     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.
NAHRA, J., and
MICHAEL J. CORRIGAN, J., CONCUR.
                                     PATRICIA ANN BLACKMON
                                      ADMINISTRATIVE 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
.