[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 112.]

THE STATE OF OHIO, APPELLANT, v. SCHIRTZINGER, APPELLEE. [Cite as State v. Schirtzinger, 1998-Ohio-498.]

Court of appeals’ judgment reversed on the authority of State v. Rush. (No. 97-2404—Submitted August 19, 1998—Decided September 16, 1998.)

CERTIFIED by the Court of Appeals for Delaware County, No. 97CAA-05-015. __________________ W. Duncan Whitney, Delaware County Prosecuting Attorney, and Gregory D. Brunton, Assistant Prosecuting Attorney, for appellant. __________________ {¶ 1} 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. __________________