[This opinion has been published in Ohio Official Reports at 68 Ohio St.3d 1212.]

THE STATE OF OHIO, APPELLANT, v. BAILEY, APPELLEE. [Cite as State v. Bailey, 1994-Ohio-516.]

Appeal dismissed as improvidently allowed. (No. 92-2122—Submitted December 8, 1993—Decided January 26, 1994.)

APPEAL from the Court of Appeals for Lake County, No. 91-L-021. __________________ Steven C. LaTourette, Lake County Prosecuting Attorney, Ariane E.

Tarighati, Kimberly A. Mahaney and Geoffrey W. Weaver, Assistant Prosecuting Attorneys, for appellant.

John J. Gill, for appellee. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. __________________