[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 1206.]

THE STATE OF OHIO, APPELLEE, v. KOOGLER, APPELLANT. [Cite as State v. Koogler, 1999-Ohio-241.]

Appeal dismissed as improvidently allowed. (No. 98-2292—Submitted August 25, 1999—Decided October 13, 1999.)

APPEAL from the Court of Appeals for Franklin County, No. 98AP-219. __________________ Ron O’Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellee.

Judith M. Stevenson, Franklin County Public Defender, and Paul Skendelas, Assistant Public Defender, for appellant. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

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