[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 111.]

THE STATE OF OHIO, APPELLEE, v. MILLS, APPELLANT. [Cite as State v. Mills, 1998-Ohio-563.]

Court of appeals’ judgment affirmed on the authority of State v. Rush. (No. 97-2290—Submitted August 19, 1998—Decided September 16, 1998.)

CERTIFIED by the Court of Appeals for Wood County, No. WD-97-012. __________________ Alan R. Mayberry, Wood County Prosecuting Attorney, and Gary D.

Bishop, Chief Assistant Prosecuting Attorney, for appellee.

J. Scott Hicks, Wood County Assistant Public Defender, for appellant.

Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, and Simon B. Karas, Deputy Chief Counsel, urging affirmance for amicus curiae, state of Ohio. Maureen O’Connor, Summit County Prosecuting Attorney, and Paul Michael Maric, Assistant Prosecuting Attorney, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys Association. __________________ {¶ 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. __________________