[This opinion has been published in Ohio Official Reports at 79 Ohio St.3d 1205.]

THE STATE OF OHIO, APPELLANT, v. ZACHERY, APPELLEE. [Cite as State v. Zachery, 1997-Ohio-178.]

Appeal dismissed as improvidently allowed. (No. 96-1029—Submitted May 7, 1997—Decided June 18, 1997.)

APPEAL from the Court of Appeals for Montgomery County, No. CA 15267. __________________ Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Jeffrey M. Patzer, Assistant Prosecuting Attorney, for appellant.

David H. Bodiker, State Public Defender, and Thomas R. Wetterer, Jr., Assistant State Public Defender, for appellee. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

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

DOUGLAS, J., dissents.

COOK, J., dissents and would reverse the judgment of the court of appeals. __________________