[This opinion has been published in Ohio Official Reports at 78 Ohio St.3d 1220.]

CITY OF AKRON, APPELLEE, v. KIRBY, APPELLANT. [Cite as Akron v. Kirby, 1997-Ohio-205.]

Appeal dismissed as improvidently allowed. (No. 96-838—Submitted April 1, 1997—Decided May 14, 1997.)

APPEAL from the Court of Appeals for Summit County, No. 17307. __________________ Douglas J. Powley, Chief City Prosecutor, and Charles R. Quinn, Assistant City Prosecutor, for appellee.

Edmund M. Sawan, 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. __________________