Opinion
No. 94-961
Submitted October 11, 1995 —
Decided November 22, 1995.
APPEAL from the Court of Appeals for Franklin County, No. 93AP-1109.
Michael Miller, Franklin County Prosecuting Attorney, and Katherine Press, Assistant Prosecuting Attorney, for appellant.
Dye Fleck, Lewis William Dye and William J. Fleck, Jr., for appellee.
The judgment of the court of appeals is reversed, and the judgment of the trial court is reinstated on the authority of State v. Kirk (1995), 72 Ohio St.3d 564, 651 N.E.2d 981.
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.