Opinion
No. 2006-0799.
Submitted August 14, 2007.
Decided September 19, 2007.
APPEAL from the Court of Appeals for Hamilton County, No. CM)50044, 165 Ohio App.3d 518, 2006-Ohio-1106.
Joseph T. Deters, Hamilton County Prosecuting Attorney, and James Michael Keeling, Assistant Prosecuting Attorney, for appellee.
Ravert J. Clark, for appellant.
{¶ 1} The judgment of the court of appeals is affirmed with respect to the issues presented in Proposition of Law Nos. I and II on the authority of State v. Tooley, 114 Ohio St.3d 366, 2007-Ohio-3698; ___ N.E.2d ___.
{¶ 2} As to Proposition of Law No. III, the cause is dismissed, sua sponte, as having been improvidently accepted.
MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER and CUPP, JJ., concur.