Opinion
No. 01-285.
Submitted December 11, 2001.
Decided January 30, 2002.
Appeal from the Court of Appeals for Hamilton County, No. C-000110.
Michael K. Allen, Hamilton County Prosecuting Attorney, and Diane E. Books, Assistant Prosecuting Attorney, for appellees.
Victor Dwayne Sims, for appellant.
The cause is dismissed, sua sponte, as having been improvidently allowed.
DOUGLAS, RESNICK, F.E. SWEENEY and LUNDBERG STRATTON, JJ., concur.
MOYER, C.J., and COOK, J., dissent.
PFEIFER, J., dissents.
I dissent and would reverse the judgment of the court of appeals.
I respectfully dissent. I would adjudicate this cause on the merits and affirm the judgment of the court of appeals.
MOYER, C.J., concurs in the foregoing dissenting opinion.