[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 434.]

THE STATE OF OHIO, APPELLANT, v. DELGADO, APPELLEE. [Cite as State v. Delgado, 1998-Ohio-569.]

Discretionary appeal allowed and judgment reversed on authority of State v. Rush. (No. 98-982—Submitted August 19, 1998—Decided October 28, 1998.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 71497. __________________ Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and L.

Christopher Frey, Assistant Prosecuting Attorney, for appellant. __________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals is reversed on the authority of State v. Rush (1998), 83 Ohio St.3d 53, 697 N.E.2d 634.

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