[This opinion has been published in Ohio Official Reports at 77 Ohio St.3d 1204.]

THE STATE OF OHIO, APPELLANT, v. PAXTON, APPELLEE. [Cite as State v. Paxton, 1996-Ohio-341.]

Appeal dismissed as improvidently allowed. (No. 95-1340—Submitted September 24, 1996—Decided November 6, 1996.)

APPEAL from the Court of Appeals for Lucas County, No. L-93-227. __________________ Anthony G. Pizza, Lucas County Prosecuting Attorney, and J. Christopher Anderson, Assistant Prosecuting Attorney, for appellant.

Britz & Zemmelman and Norman G. Zemmelman; and John A. Coble, for appellee. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, KLINE, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur.

ROGER L. KLINE, J., of the Fourth Appellate District, sitting for RESNICK, J. __________________