Opinion
No. 90-999
Submitted March 12, 1991 —
Decided April 24, 1991.
Appeal dismissed as improvidently allowed.
APPEAL from the Court of Appeals for Scioto County, Nos. 1771 and 1818.
Charles E. Smith and James Scott Smith, for appellee.
Lynn A. Grimshaw, prosecuting attorney, and R. Randolph Rumble, for appellant.
David L. Landefeld, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.
The appeal is dismissed, sua sponte, as having been improvidently allowed.
SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.
MOYER, C.J., dissents.
I would affirm the judgment of the court of appeals for the reasons stated in that court's opinion rendered on April 3, 1990.