[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 107.]

THE STATE OF OHIO, APPELLANT, v. DEMPSEY, APPELLEE. [Cite as State v. Dempsey, 1998-Ohio-497.]

Court of appeals’ judgment reversed on the authority of State v. Rush. (No. 98-7—Submitted August 19, 1998—Decided September 16, 1998.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 71479. __________________ Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, L.

Christopher Frey and Arthur A. Elkins, Assistant Prosecuting Attorneys, for appellant.

Philip J. Korey, for appellee. __________________ {¶ 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. __________________