[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 113.]

THE STATE OF OHIO, APPELLEE, v. SERRATO, APPELLANT. [Cite as State v. Serrato, 1998-Ohio-495.]

Court of appeals’ judgment affirmed on the authority of State v. Rush. (No. 97-2261—Submitted August 19, 1998—Decided September 16, 1998.)

APPEAL from the Court of Appeals for Wood County, No. WD-96-051. __________________ Alan R. Mayberry, Wood County Prosecuting Attorney, and Gwen Howe- Gebers, Assistant Prosecuting Attorney, for appellee.

Jeffrey M. Gamso, for appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Rush (1998), 83 Ohio St.3d 53, 697 N.E.2d 634.

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

RESNICK, J., not participating. __________________