[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 433.]

THE STATE OF OHIO, APPELLANT, v. DAVIS, APPELLEE. [Cite as State v. Davis, 1998-Ohio-31.]

Criminal law—Sentencing—Court of appeals’ judgment reversed on authority of State v. Rush. (No. 98-993—Submitted September 15, 1998—Decided October 28, 1998.)

APPEAL and CROSS-APPEAL from the Court of Appeals for Ashland County, No. 96COA01196. __________________ Robert P. DeSanto, Ashland County Prosecuting Attorney, and John L.

Good, Assistant Prosecuting Attorney, for appellant.

David H. Bodiker, State Public Defender, and Kevin Fahey, Assistant Public Defender, for appellee. __________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The discretionary cross-appeal is denied. {¶ 3} 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. __________________