[This opinion has been published in Ohio Official Reports at 79 Ohio St.3d 1215.]

THE STATE OF OHIO, APPELLEE, v. NIEHEISEL, APPELLANT. [Cite as State v. Nieheisel, 1997-Ohio-151.]

Appeal dismissed as improvidently allowed. (No. 96-915—Submitted May 21, 1997—Decided July 30, 1997.)

APPEAL from the Court of Appeals for Clermont County, No. CA95-11-081. ___________________ Donald W. White, Clermont County Prosecuting Attorney, and David Henry Hoffmann, Assistant Prosecuting Attorney, for appellee.

Rosenhoffer, Nichols & Schwartz and Gary A. Rosenhoffer, for appellant. ___________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. ___________________